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Full text of "North Carolina Register v.4 no. 18 (12/15/1989)"

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The 
NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



FINAL DECISION LETTER 



RECEIVED 

OEC SilS89 



>k 



PROPOSED RULES 

Administrative Hearings 

Economic and Community Development 

Environment, Health, an'd 
Natural Resources 

Geologists 

Human Resources 

Justice 

FINAL RULES 

Correction 
Revenue 

ISSUE DATE: DECEMBER 15, 1989 

Volume 4 • Issue 18 • Pages 857-891 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published bi-monthly 
and contains information relating to agency, executive, 
legislative and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrati\e rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise appro.ximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
vided free of charge to each county in the state and to 
various state officials and institutions. The North CaroUna 
Register is available by yearly subscription at a cost of 
one hundred and five dollars ($105.00) for 24 issues. 

Requests for subscriptions to the North Carolina 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. O. Drawer 1 1666, Raleigh, N. 
C. 27604, Attn; Siibscriptiojis. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effecti\e date. 

The Director of the Office of Administrative Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Division of the Office of 
Administrative Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute provides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North Caroli)ia Register before the agency 
ma\- conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for appro\'al by 
the Administrati\e Rules Re\iew Commission. Upon ap- 
pro\al of ARRC, the adopted or amended rule must be 
filed with the Office of Administrative Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted \ersion will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effective 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrati\e Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn by the 
promulgating agency at any time before final action is 
taken by the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporary rules. A temporary 
rule becomes effecti\e when adopted and remains in 



effect for the period specified in the rule or 180 day; 
whichever is less. An agency adopting a temporary rul 
must begin normal rule-making procedures on the pe: 
manent rule at the same time the temporary rule 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) 
a compilation and index of the administrative rules c 
25 state agencies and 38 occupational licensing board: 
The NCAC comprises approximately 15,000 letter sizi 
single spaced pages of material of which approximat( 
Iv 35 ^'^o is changed annuallv. Compilation and public; 
tion of the NCAC is mandated by G.S. 150B-63(b). 

The Code is di\ided into Titles and Chapters. Eac 
state agency is assigned a separate title which is fu 
ther broken down by chapters. Title 21 is designate 
for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimui 
cost of two dollars and 50 cents ($2.50) for 1 
pages or less, plus fifteen cents ($0. 1 5) per eac 
additional page. 

(2) The full publication consists of 52 \'olume 
totaling in excess of 15,000 pages. It is su; 
plemented monthly with replacement pages, 
one year subscription to the full publication i: 
eluding supplements can be purchased fc 
seven hundred and fifty dollars ($750.00). I: 
dividual volumes may also be purchased wit 
supplement ser\ice. Renewal subscriptions fc 
supplements to the initial publication availabl 

Requests for pages of rules or volumes of the NCA 
should be directed to the Office of Administrati\ 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pr 
cedures to be followed. For specific statutory languag 
it is suggested that Articles 2 and 5 of Chapter 150B ^ 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, issu 
page number and date. 1:1 NCR 101-201, April 1, 19i 

refers to Volume 1, Issue 1, pages 101 through 201 
the North Carolina Register issued on April 1, 1986 



North Carolina Register. Published bi-monthly by 
the Office of Administrative Hearings, P.O. Drawer 
11666, Raleigh, North Carolina 27604, pursuant to 
Chapter 150B of the General Statutes. Subscriptions 
one hundred and five dollars ($105.00) per year. 
North Carolina Administrative Code. Published 
in looseleaf notebooks with supplement service by 
the Office of Administrative Hearings, P.O. 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Satutes. 
Subscriptions seven hundred and fifty dollars 
($750.00). Individual volumes available. 



NORTH 
CAROLINA 
REGISTER 



ISSUE CONTENTS 




Office of Administrative Hearings 

P. O. Drawer 11666 

Raleigh, \C 27604 

(919) 733- 2678 



Julian Mann, III 

Director 
James R. Scarcclla Sr., 

Deputy Director 
\Ioll> \Iasich, 

Director APA Services 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial A ssistanl 



I. FINAL DECISION LETTER 

Voting Rights Act 857 

II. PROPOSED RULES 

Administrative Hearings 

General 879 

Hearings Division 880 

Rules Division 880 

Economic and Community 
Development 
Division of Community 

Assistance 858 

Environment, Health, and 
Natural Resources 
Environmental Management 

Commission 866 

Land Resources 868 

Marine Fisheries 

Commission 866 

Wildlife Resources 

Commission 872 

Human Resources 

Division of Aging 859 

Justice 
Criminal Justice Education 
and Training Standards 

Commission 860 

Licensing Board 
Board for Licensing of 
Geologists 878 

III. EINAL Rl LES 

Correction 

Division of Prisons 883 

Revenue 
Departmental Rules 885 

rV. CUMULATIN E INDEX 889 



NORTH CAROLINA REGISTER 

Publication Schedule 

(January 1990 - December 1991) 



Issue 


I^st Day 


Last Dav 


Earliest 


+ 


Date 


for 


for 


Date for 


Earliest 




Filing 


Electronic 


Public 


Effective 






Filing 


Hearing & 
Adoption by 

Agency 


Date 


++++++++ 


++*♦++++ 


++++++++ 


+♦+♦++++ 


+++++++< 


01/02/90 


12 07/89 


12/14/89 


02/01/90 


05/01/90 


01/16/90 


12/20/89 


12/29 89 


02/15,90 


05/01/90 


02/01/90 


01/10/90 


01/18,90 


03,03,90 


06/01/90 


02/15/90 


01/25/90 


02/01/90 


03/17/90 


06/01/90 


03/01/90 


02/08/90 


02/15 90 


03/31/90 


07/01/90 


03/15/90 


02,22/90 


03,01 90 


04/14/90 


07/01 90 


04/02/90 


03/12/90 


03/19/90 


05/02/90 


08/01/90 


05/01/90 


04/09/90 


04/17/90 


05/31/90 


09/01/90 


06/01/90 


05/10/90 


05/17/90 


07/01/90 


10/01/90 


07/02/90 


06/11/90 


06/18/90 


08/01/90 


11/01,90 


08/01/90 


07/11/90 


07/ 18 '90 


08/31/90 


12/01 90 


09/04/90 


08 13, 90 


08/20 90 


10/04/90 


01/01/91 


10/01/90 


09/10/90 


09/17,90 


10/31/90 


02/01/91 


11/01/90 


10/11/90 


10/18/90 


11/30/90 


03/01/91 


12/03/90 


ll/08,/90 


11/15,90 


01,02/91 


04/01/91 


01/02/91 


12/07/90 


12/14/90 


02/01/91 


05/01/91 


02/01/91 


01/10/91 


01/18/91 


03/03/91 


06/01/91 


03/01/91 


02/08/91 


02/15/91 


03/31/91 


07/01/91 


04/01/91 


03/11/91 


03/18/91 


05/01/91 


08/01/91 


05/01/91 


04/10/91 


04/17/91 


05/31/91 


09/01/91 


06/03/91 


05/10/91 


05/17/91 


07/03/91 


10/01/91 


07/01 '91 


06,-10/91 


06/17,91 


07/31/91 


11/01/91 


08/01/91 


07/11/91 


07/18/91 


08/31/91 


12/01/91 


09 '03 '91 


08 12 91 


08/19/91 


10/03/91 


01/01/92 


10/0191 


09/10 91 


09/17/91 


10/31/91 


02/01/92 


11/01/91 


10/11/91 


10/18/91 


12/01/91 


03,'01/92 


12/02/91 


11,07 91 


11,14 91 


01 01/92 


04 01 92 



* The "Earliest Effective Date" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date", that the agency files the rule with The Administrative Rules Review 
Commission by the 20th of the same calendar month and that ARRC approves 
the rule at the next calendar month meeting. 



\ OTINC, RIGHTS ACT FINAL DECISION LETTER 



[G.S. I20-30.9H, effeclire July 16, 19S6, requires that all letters and other documents issued by the 
A ttorney General of the United States in which a final decision is made concerning a "change af- 
fecting voting" under Section 5 of the Voting Rights Act of J 965 be published in the North Carolina 
Register. J 



U.S. Department of .Justice 
Civil Rights Division 

JPT:LI T:KI.B:emh 

DJ 166-012-3 Votinsj Section 

Z2218-2219 P.O. Box 66128 

Z4.M8 Washington, D.C. 20035-6128 

November 20, 1989 

DeWitt F. McCarley, Esq. 

Citv Attomev 

P.O. Box 7207 

Greenville, North Carolina 27835-7207 

Dear Mr. McCarley: 

This refers to the two annexations [Ordinance Nos. 2046 and 2047 (1989)] and the designation of 
the annexed areas to single-member districts for the City of Green\ille in Pitt Count\', North Carolina, 
submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 
42 U.S.C. 1973c. We received your submission on September 21, 1989. 

The Attorney General does not interpose any objections to the changes in question. However, 
we feel a responsibility to point out that Section 5 of the Voting Rights Act expressly pro\ides that the 
failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the 
enforcement of such chansics. See the Procedures for the Administration of Section 5 (28 C.F.R. 
51.41). 

Sincerely. 

.lames P. Turner 

Acting Assistant Attonicy General 

Civil Risihts Di\ision 



Bv: 



Barry H. Weinberg 
y\ctin<i Chief, Votinij Section 



NO R Til C. A R OLINA R EC, IS TER <V5 ' 



PROPOSED RULES 



TITLE 4 - DKPARTMKNT OF KCONOMIC 
AM) ( OMMLMTV DEVFLOPMEM 



A^. 



otice is hereby given in accordance with G.S. 
I50B-I2 that the Division of Community Assist- 
ance, .'V.C. Department of Economic and Com- 
munity Development intends to amend nde(s) 
citcd'as 4 SCAC I9L .0/03. .0401, .0403 - .0404, 
.0407, .0907, .1302- .1303. 

1 he proposed effective date of this action is April 
1, 1990. 

1 he public hearing will be conducted at 2:00 
p.m. on January 16, 1990 at Conference Room. 
Suite 250. Methodist Building, 1307 Glenwood 
Avenue, Raleigh. \.C. 27605. 



Co 



omment Procedures: Oral or written com- 
ments can be made at the public hearing. Written 
comments will be accepted until February 14, 
1990. Written comments should be sent to Bob 
Chandler. Director. 1307 Glenwood .Ivenue, Suite 
250, Raleigh. X.C. 27605. 

chapter 19 - dl\ [sign of commlmtv 
assistanck 

slbciiaptf.r 191, - north carolina 

commimtv denflopmf.nt block grant 

pro(;kam 

section .0100 - general pro\ isions 

.0103 definiiions 

(1) "NRCD" "Department" means the North 
Crarolina Department ot Natural RL'i: . ourco!i Fco- 
nomic and Community Development. 

(m) "Project" means one or more activities 
addressing either: 

(4) domoni ' tration de\elopment of new and 
inno\ative approaches to housing, or 



.iuthority G.S. 
570. 4S9'. 



143-323: 143B-I0: 24 C.F.R. 



SECTION .0400 - DIS IRIBl FION OF FLNDS 

.0401 GENERAL 

(c) Applicants can apply for funding under the 
grant categories of Community Revitalization, 
Economic Development, Development Planning, 
Housing Demon '. tration. Development. Interim 
Assistance, and L rgent Needs. .Apphcants shall 
not apply for Contingency funding. Contingency 
awards will be made to eligible apphcants in 



Community Revitalization, Economic Develop- 
ment, Housing D(3mon; i truti(m. Development, 
and Development Planning categories. 



.■iuthority G.S. 
570.489. 



143-323: J43B-J0; 24 C.F.R. 



.0403 SIZE .\Nn USE OF GRANTS MADE 
TO RECIPIENTS 

(a) There is no minimum grant amount which 
apphcants may request or be awarded. Grant 
awards made to any one recipient shall not ex- 
ceed the following amount in each grant cate- 
gory: Community Revitalization - six hundred 
thousand dollars ($600,000); Economic Devel- 
opment - six hundred thousand dollars 
($600,000); Development Planning - five thou- 
sand dollars ($5,000); Housing Demo U '. t rat ion 
Development - two hundred fifty thousand dol- 
lars ($250,000) or funds available; Urgent Needs 
- seven hundred fifty thousand dollars ($750,000); 
Interim Assistance - seven hundred fifty thousand 
dollars ($750,000) for projects designated to be 
completed within 36 months from the award 
date, and four miUion dollars ($4,000,000) for 
projects designated to be completed withm 18 
months from the award date; and Contingency - 
six hundred thousand dollars ($600,000), Appli- 
cants shall not have a project or combination of 
projects, under active consideration for funding 
wiiich exceeds seven hundred fifty thousand dol- 
lars ($750,000), except for Interim Assistance and 
Urgent Needs projects. 



Authority G.S. 
5''0.4S9'. 



143-323; I43B-I0: 24 C.F.R. 



.0404 GRANT C.VTEGORV AI.LOC.VTION 

Each program year funds will be reserved for 
each grant category. Xe moro than throij percent 
fcvf t4*<» [ i tatc'o Community Dusolopmunt Block 
(>rant fundf i to bi* allcicatL ' d k* local go' i eninK'ntr . 
wtU J*e awurdoJ fof Ilou j ing D i;» mon ;. tration aft4 
DL'solopmont Planning gninte . . Funds awarded to 
local uovcmmcnts w ill be reserved tor each grant 
catenon as follows: I, p to five percent of the 
grant will be - awarded for Housing Development 
and Development Planning grants, of which a 
maximum of si.xty thousand dollars ($60,000) 
may be awarded for De\elopmcnt Planning 
grants. In addition, up to five percent will be set 
aside for L" rgent Needs grants and Contingency 
awards and up to twenty percent will be set aside 
for E.conomic Development grants each year. 
'ITie remaining funds will be distributed by 
NRCD the Division of Community .Assistance 
to Community Revitalization grant applications. 



H5H 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Awards will be made for Interim Assistance 
from funds available in the state's allocation in 
accordance with Rule .1504 of this Subchapter. 

Up to one million dollars ($1,000,000) of funds 
that are recaptured from previous CDBG ffants 
by the state shall be used to make additional 
grants in the Housing Development catctJory . 



Authority G.S. 143-323; I43B-I0; 
570.489; 24 C.F.R. 570.491. 



24 C.F.R. 



.0407 GENERAL APPLICATION 
REQUIREMENTS 

(a) Local governments are required to submit 
applications in a manner prescribed by NRCD 
the Department in order to be considered for 
funding. Selection of applications for funding 
will be based primarily on information contained 
in the application; thus applications must contain 
sufficient information for NRCD the Depart- 
ment to rate them against the selection criteria. 
All appUcants are required to address their 
projects to one of the following grant categories; 
Community Revitalization, Fxonomic Develop- 
ment, Development Planning, Housing Demon 
i i tration. Development, Interim Assistance, or 
Urgent Needs. Applicants may apply in more 
than one grant category, apply for several 
projects in the same grant category, and have 
more than one project approved, providing the 
total grant application and award does not exceed 
the maximum Limits described in Paragraphs (a) 
and (b) of Rule .0403 of this Section. Applicants 
shall submit an application that describes each 
project in detail. 

Authority G.S. 143-323; I43B-I0; 42 U.S.C.A. 
5304(a); 24 C.F.R. 570.489. 

SECTION .0900 - GRANT ADMINISTRATION 

.0907 PROGRAM INCOME 

(f) Program Income generated by grants made 
in 1986 or afterwards shall be returned to NRCD 
the Department except when: 

( 1 ) the recipient shall prt^pose at the time of 
application or at the time the program 
income is anticipated, propo^ .e a use or 
uses for the projected program income, 
and 

(2) NRCD the Department determines that, 

at the time of the proposal, that applica 
tion, the propoi . L'd use of tlie projected 
program income meets federal require- 
ments prohibiting the state from recap- 
turing the program income; or 



Authority G.S. 143-323; I43B-I0; 24 C.F.R. 
570.489; 24 C.F.R. 570.494; 42 U.S.C.A. 
5304(b)(4). 

SECTION .1300 - HOUSING DEVELOPMENT 
PROJECTS 

.1302 ELIGIBILITY REQUIREMENTS 

(a) AppUcations for Housing D tj monntration 
Development funds must show that: 



Authority G.S. 
570.489. 



143-323; I43B-I0; 24 C.F.R. 



.1303 SELECTION CRITERIA 

Selection criteria will be armounced by NRCD 
the Department 60 days prior to accepting ap- 
plications for this category. NRCD The De- 
partment may accept appUcations for 
demonr i tration development grants periodically. 



.Authority G.S. 
570.489. 

TITLE 10 



143-323; 143B-I0; 24 C.F.R. 



DLPARIMENT OF HUMAN 
RESOURCES 



lyotice /.v hereby given in accordance with G.S. 
I50B-I2 that the Division of Aging intends to 
adopt rule(s) cited as JO NCAC 22G .0906. 

J he proposed effective date of this action is .ipril 
I. 1990. 

1 he public hearing will be conducted at 10:00 
a.m. on January 16, 1990 at 693 Pahner Drive, 
Room 127. Raleigh. N.C. 27603. 



Co 



omment Procedures: Written comments con- 
cerning the proposed regulation must be submitted 
bv .lanuary 16, 1990 to: Gary //. Cyrus, Division 
of Aging, 693 Palmer Drive, Raleigh, N.C. 27603. 
Oral presentations may be presented at the hear- 
ing. Any person may request information or 
copies of the proposed regulation by writing Mr. 
Cyrus at the aforementioned address or by calling; 
him at 733-8399. 

CHAPTER 22 - A(;iNG 

SUBCHAPTER 22G - PR0(;RAM OPERATIONS 

SECTION .0900 - Al LOCAIIONS 

.0906 INTRAST.VIE FLNDIN(; I ORMUI A 

(a) The intrastate funding formula shall apply 
to funding allocated to Area Agencies on Aging 
under the Older Americans Act, 20 U.S.C. lOOSa 



NORTH CAROLINA RECilSTER 



,S59 



PROPOSED RULES 



et seq and 45 C.I-.R. 1321.37, which are adopted 
by reference pursuant to G.S. 1 SUB- 14(c), and 
under state legislation. 

(b) Fach Area Agency on Aging shall receive 
an equal base amount from the total allocation. 
Of remaining federal and state funds, a propor- 
tional share for each .Vrea Agency will be deter- 
mined as follows: 

(1) Fifty percent of the funds will be distrib- 
uted to areas based on the areas propor- 
tion of the state's population 6i) years of 
age and older. 

(2) Thirty percent of the funds will be dis- 
tnbuted to areas based on the area's pro- 
portion of the state's population 60 years 
of age and older who live at or below the 
federally defmed poverty level. 

(3) Ten percent of the funds wiU be distrib- 
uted to areas based on the area s propor- 
tion of the state's minority population 60 
years of age and older. 

(4| Ten percent of the funds will be distrib- 
uted to areas based on the area's propor- 
tion of the state's rural population 60 
>'ears of age and older as defmed by the 
Bureau of the Census. 



Auihoritv G.S. J43B-J0iei: 1431 
lOOSa e'l scq: 45 C.F.R. 1321.5''. 



-13"; 20 L'.S.C. 



1HLE 12 - DKPARTMENT OF JUSTICE 



1\ otice /-S hereby given in accordance with G.S. 
I50B-12 ihal the Sorth Carolina Criminal Justice 
Education and Training Standards Commission 
intends to amend ndefs) cited as 12 .\C.4C 9A 
.0201 - .0206: 9B .0101: 9C .0306 - .0307, .0309 
and intends to adopt ndefsj cited as 12 XCIC 
9C .0310. 

1 he proposed effective date of this action is July 
1, 1990. 

1 he public hearing will be conducted at 10:00 
a.m. on Februaij 9. 1990 at Hearing Room of the 
.Alcoholic Beverage Control Commission Building, 
3322 Old Garner Road. Raleigh, Sorth Carolina. 



Co 



omment Procedures: Any person interested in 
these tides may present oral or written comments 
rele\\int to the proposed action at the Public 
Rule-.\Iaking Hearing. Written statements not 
presented at the Hearing shoidd be directed to the 
undersigned. The proposed rules are awiilable for 
public inspection and copies may be obtained at 
the following address: 



Criminal Justice Standards Division 
Sorth Carolina Department of Justice 

1 West Morgan Street 

Room 1 23, Court of .Appeals Building 

Post Office 'Drawer 149 

Raleigh, Sorth Carolina 2~602 

CHAPTER 9 - CRIMIN.AL .U STICK 
F.DCC.VnON .\ND TRAINING STANDARDS 

SCBCMAPTER 9A - CRIMINAL JUSTICE 

EDUCATION .AND TRAINING STANDARDS 

COMMISSION 

SECTION .0200 - ENFORCEMENT OF RULES 

.0201 IN\ ESTIGATION OF VIOL.\TION OF 
RULES 

(a) If any criminal justice agency, school, au- 
thorized representative acting on behalf of either, 
or individual is reported to be or suspected of 
being in violation of any of these Rules, the 
commission may take action to correct the \'io- 
lation and to ensure that similar \iolations do not 
occur. 

(b) Before taking action against an agency, 
school, or individual for a \lolation. the Stand- 
ards Division shall investigate the alleged \io- 
lation and present a report of its fmdings to the 
Standards Committee of the commission. 

(c) The Standards Committee shall con\ene 
prior to the next regular meeting of the commis- 
sion, shall consider the report of the Standards 
Division, and shall prepare its recommended dis- 
position of the case for the full commission. 

(d) The commission shall consider fully the 
recommendations of the Standards Committee 
regardmg alleged \lolations of these Rules. The 
commission may: 

( 1 ) direct the Standards Division to conduct 
a further investigation of the alleged vio- 
lation; 

(2) request the Attorney General to authorize 
an investigation by the State Bureau of 
In%'estigation of the alleged violation: 

(3) direct the Standards Committee to con- 
duct an admimstrative hearing in the 
matter, pursuant to Rule .010" of tliis 
Subchapter and 35 NCAC SubchuptL'r 
iOr 26 NCAC Chapter 3: 

or 

(4) impose sanctions against the \iolator pur- 
suant to Rul e v rO^ M .OOoa ef riw. Sr^ 
tieft- Section .11200 of these rules. 

Statutory Authority G. S. rC-6: I'C-IO. 

.0202 S.\NCTIONS FOR \ lOLAIIONS B^ 
AGENCIES OR SCHOOLS 



S60 



.\ORTH CAROLLXA REGISTER 



PROPOSED RULES 



If the commission finds that a violation has 
been committed by an agency or school, the 
commission may: 

(1) issue an oral warning and request for com- 
pliance; 

(2) issue a written warning and request for 
compliance; 

(3) issue an official written reprimand; 

(4) suspend and refuse to grant accreditation to 
any school or program or course of instruc- 
tion until proper corrective measures have 
been taken to bring the agency or school 
into compliance with these Rules and verifi- 
cation of such compliance has been made 
by the commission; or 

(5) suspend and refuse to grant accreditation to 
any school or program or course of instruc- 
tion for a specific period of time not to ex- 
ceed eft* year, five years. 

Statutory Authority G. S. I7C-6; PC- 10. 

.0203 S.WCTIONS FOR \ lOLATIONS BY 
INOIVIDLALS 

faf When any person certified by the commis- 
sion is found to have knowingly and willfuUy vi- 
olated any provision or requirement of these 
Rules, the commission may take action to correct 
the violation and to ensure that the violation 
does not re-occur, including: 

(1) issuing an oral warning and request for 
compliance; 

(2) issuing a written warning and request for 
compUance; 

(3) issuing an official written reprimand; 

(4) suspending the individual's certification for 
a specified period of time or until accept- 
able corrective action is taken by the in- 
dividual; 

(5) revoking or denying the individual's cer- 
tification. 

(44 ^^lian aft¥ person i* found \» has'c knosv 
ingly aft4 willfully obtaint ' d. ef attempted te- »^ 
teift cortification l*¥ decL'it . fraud. »f 
mi 'i fuprc 'i t- ' ntation. »f ' i shen »m- per '^ on h- found 
to- hasL ' aided another Ht obtaining e* attempting 
te- obtain certification by- moano ef deceit, fraud 
ef mi 'i iepre '. entation. t+» commif i' ion ' i hall fof 
bolh t4-h* principal tt«4 t4*i* person aiding Ae 
principal pjmianently revoke ©f deny certif 
iciition. 

If^ A person vAe has ha4 fe certification »«»- 
pended t+f revoked may H*+t- remain employed e* 
appointed ** a criminal ju '. tice officer. A per ' . on 
FfHtv FM+^ e x e rci '. e A<* authonty ef a criminal j++^- 
tie<^ officer tiuring a pt'riod e+ suspension t*f ft?- 
VQcation. 



(4) A p e rson wW has boon denied c e rtification 
Hwy net be e mploy e d »f appointed as a criminal 
justic e officer »f exorcise tlw authority &f a orim 
iftai justice officer. 

Statutory Authority G. S. I7C-6; J7C-/0. 

.0204 SUSPENSION: REVOCATION: OR 
DENIAL OF CERTIFICATION 

(a) The commission shall revoke the certif- 
ication of a criminal justice officer when the 
commission fmds that the officer has committed 
or been convicted of: 

(1) a felony; or 

(2) a crime for which the authorized punish- 
ment included imprisonment for more 
than two years. 

(b) The commission may suspend, revoke, or 
deny the certification of a criminal justice officer 
when the commission fmds that the applicant for 
certffication or the certified officer: 

(1) has not enrolled in and satisfactorily 
completed the required basic training 
course in its entirety within prescribed 
time periods relevant or applicable to a 
specified position or job title; 

(2) fails to meet or maintain any of the min- 
imum employment standards required by 
12 NCAC 9B .0100 for the categor>' of the 
officer's certification; 

(3) has committed or been convicted of 

(A) a crime or unlauful act defmed in 12 
NCAC 9A .0103 as a Class B 
misdemeanor; or 

(B) four or more crimes or unlawful acts 
defined in 12 NCAC 9A .0103 as a Class 
A misdemeanor, each of which occurred 
after the date of initial certification; 

(4) has been discharged by a criminal justice 
agency for cominission or conviction of 

(A) a motor vehicle offense requiring the 
revocation of the officer's driver's license; 
or 

(B) any other offense involving moral 
turpitude; 

(5) has been discharged by a cnminal justice 
agency because the officer lacks the men- 
tal or physical capabilities to properly ful- 
fill the responsibilities of a criminal justice 
officer; 

(6) has knowingly made a material misrepre- 
sentation of any information required for 
certification or accreditation; 

(7) has knov\ ingly and designedly willfully, 
by any means of false pretense, deception, 
defraudation, misrepresentation or cheat- 
ing whatsoever, obt;uned or attempted to 



NORTH CAROLINA REGLSTER 



S61 



PROPOSED RULES 



[S) has 



obtain credit, training or certillcation from cer, the period of the sanction shall be permanent 
the commission; where the cause of sanction is^ 

has knowingly and \\-illfullv. bv anv f++ pcrmanon t- v , h^r ^ A# cauw frf tt» ecmction 

means __' [_ ^ ' 

(1) (&t commission or conviction of a felony; 
or 

(2) fbf commission or conviction of a crime 
for which authorized punishment included 
imprisonment for more than two years; 
or 

(3) fe4 the second r invocation suspension of 
an officer's certification for e ith e r an\ of 
the Vw» causes requiring a tlve-year period 
of r e ' i ocation. suspension. 

(5+ (b) ^^Tlen the commission suspends or de^ 
nies the certitication of a crimmal justice otTicer. 



^2i_ false pretense, deception, 
defraudation, misrepresentation or cheat- 
ing whatsoe\er. aided another person m 
obtaining or attemptmg to obtain credit, 
training or certification from the commis- 



£2J. (-H has failed to make either of the no- 
tifications as required bv 12 NCAC 9B 
.0101(7); 

(10) f^ has been remo\ed from office "by de- 
cree of the Superior Court in accord with 
the provisions of G.S. 12S-16; 

(11) f4-ft} fails to satisfactorily complete the 
minimum in-ser\ice training requirements 
as prescribed in 12 NCAC 9E; 

( 1 2) has refused to submit to the drug screen 
specified m 12 NCAC ^B .11101(5): 

(13) has produced a po>iti\e result on the dmg 
screen specilled in and administered ac- 
cording to 12 NCAC 2B .0101(5). where 
the positive result cannot be explained to 
the commission s satislaction: 

( 14i has produced a positn e result on the drug 
screen specitied in and admuiistered ac- 
cording to 11 NC.\C 2B .Ul')l(5) and ^2 
NC.AC 2£ .il.''i'^(b). uhere the positive 
result cannot be explained to the com- 
mission s satL--taction: 

(15) has produced a po-iiti\ e result on the drug 
screen specified in and administered ac- 
cording to \2 \C\C ^m .0101(5) and 12 
NC.\C 2C .030^(b). where the positive 
result cannot be explained to the com- 
mission s satisfaction: or 

( 16) has refused to submit to a daig screen 
or has produced a posjtr.e result on a drug 
screen reported to the commission as 
specified in 12 NC.AC ^^C .ii31(). where the 



positi\e result cannot be explained to the 

commission s satisfaction. 
(c) bollowmg suspension, revocation, or deraal 
of the person's certification, the person ma_\' not 
remain employed or appointed as a criminal jus- 
tice officer and the person may not exercise any 
authorit\' of a criminal justice officer during a 
period for which the person's certification is sus- 
pended, ©f revoked, or denied. 

Stalutory Authority G.S. l~C-6; l~C-10. 

.0205 I'FKIOD OF SI SI'KNSION: 
RK\()CAIK)\: OK DKMAI. 

(a) When the commission r ^ u^pondo. revokes or 
denies the certification of a criminal justice otfi- 



the period of sanction shall be not less than five 
>ears; however, the commission mav either re- 
duce or suspend the penod of sanction under 
Paragraph (b) of this Rule or substitute a penod 
ot probation in lieu of suspension of certification 
tollouing an administrative heanng. where the 
cause of sanction is: 

(1) (tH commission or conviction of a crime 

other than those listed in It e m (-I4 Para- 
graph (a) of this Rule; how e vL ' r. Ar* com 
mivlon may t ' llhor ri- ' duco **? "UL ' pijnd t+*T^ 
penod e4 sanction under t-fe Itum »f 
f . ubr . tituto a p e riod ef probation ift l*e«- &i 
r e vocation following a» admiruL . trati' i L' 
hijaring: or 

(2) refusal to submit to the drug screen speci- 
lled in 12 NC.AC 9B .01i)l(5): or 

(3) production of a positive result on the drug 
screen specitied in and administered ac- 
cording t_o \2 NCAC 21 .0101(5). 12 
NCAC 9C .()306(b). or J_2 NCAC 2C 
.()3(l9(b). where the positive result cannot 
be explained to the commission s satisfac- 
tion: or 

(4) retusal t£ submit to a drug screen or pro- 
duction of a positive result on a drug 
screen reported \o_ the commission under 
\2 NC.AC 2C .0310. where the positive 
result cannot be explained to the com- 
mission s satisfiction: or 

(5) f4*+ matenal misrepresentation of an\" in- 

formation required for certification or ac- 
creditation: or 

(6) obtaining, attempting to obtain, aiding 
another person to obtain, or aiding an- 
other person attempt to obtain credit, 
training or certillcation bv anv means of 
false pretense, deception, defraudation, 
misrepresentation or cheating: or 

(2i f*4 failure to make either of the notifica- 
tions as required by 12 NC.AC 9B 
.0101(7); or 



S62 



NORTH C.AROLiy.4 REGISTER 



PROPOSED RULES 



(8) (4) removal from office under the pro- 
visions of G.S. 128-16. 
f^ (c) When the commission suspends or de- 
nies the certification of a criminal justice officer, 
the period of sanction shall be for an indefmite 
period, but continuing so long as the stated defi- 
ciency, infraction, or impairment continues to 
exist, where the cause of sanction is: 

( 1) (d) failure to meet or satisfy relevant basic 

training requirements; or 

(2) ffe) failure to meet or maintain the mini- 

mum standards of employment; or 

(3) fe) discharge from a criminal justice 
agency for impairment of physical or 
mental capabilities; or 

(4) f4) failure to meet or satisfy the in-service 

training requirements as prescribed in 12 
NCAC 9E. 

Statutory Authority G.S. I7C-6: J7C-/0. 

.0206 SLMMARY SUSPENSIONS 

(a) The commission, by and through the 
Standards Committee, may summarily suspend 
the certification of a criminal justice officer or 
instructor before the commencement of pro- 
ceedings for suspension or revocation of the cer- 
tification when, in the opinion of the Standards 
Committee, the public health, safety, or welfare 
requires this emergency action of summary sus- 
pension. The commission has determined that 
the following conditions speciticallv affect the 
public health, safety, or welfare and therefore it 
by and through the Standards Committee, may 
utilize summary suspension when: 

(1) the person has committed or been con- 
victed of a violation of the criminal code 
which would require a permanent stts- 
pt ' n ; i«n. revocation or denial of certif- 
ication; or 

(2) the certified officer fails to satisfactorily 
complete the minimum in-service training 
requirements as prescribed in 12 NCAC 
9E. 

(b) For the purpose of considering a summary 
suspension of certification, the Standards Com- 
mittee may meet upon notice given by mail, 
telephone, or other means not less than 48 hours 
in advance of the meeting. 

(c) A summan,' suspension shall be effective on 
the date specified in the order of summar\' sus- 
pension or on ser\'ice of the certified copy of the 
order at the last known address of the person. 
whiche\er is later. The summar>' suspension 
shall remain effective during the proceedings. 

(d) Upon verbal notification by the Director 
that the certification of an officer or instructor is 
being summarily suspended by written order, the 



department head of the criminal justice agency 
or the executive officer of the institution shall 
take such steps as are necessary to ensure that the 
officer or instructor does not perform duties re- 
quiring certification by the commission. 

Statutory Authority G.S. I7C-6; IJC-IO; I50B-3. 

SUBCHAPTER 9B - STANDARDS FOR 

CRIMINAL JUSTICE EMPLOYMENT: 

EDUCATION: AND TRAINING 

SECTION .0100 - MINIMUM STANDARDS FOR 
CRIMINAL JUSTICE EMPLOYMENT 

.0101 MINIMUM STANDARDS FOR 
CRIMINAL JUSTICE OFFICERS 

Every criminal justice officer employed by an 
agency in North Carolina shall: 
[1) be a citizen of the United States; 

be at least 20 years of age; 

be of good moral character as determined 
by a thorough background investigation; 

have been fingerprinted and a search made 
of local, state, and national files to disclose 
any criminal record; 

have been examined and certified by a U- 
censed physician or surgeon to meet physical 
requirements necessary to properly fulfdl the 
officer's particular responsibilities and shall 
have produced a negative result on a drug 
screen administered according to the follow- 



(2) 
(3) 

(4) 



(5) 



ing specifications: 
(a) the drug screen shall be urine test consist- 



ing of an initial screening test using an 
immunoassay method and a confirmatory 
test on an initial positive result using a gas 
chromatography/ mass spectrometry 

(GC, MS) or other rehable initial and 
confinnator\' tests as may, from time to 
time, be authorized or mandated by the 
Department of Health and Human Ser- 
vices for Federal Workplace Drug I'esling 
Programs; and 

(b) a chain of custody shall be maintained on 
the specimen from collection to the even- 
tual discarding of the specimen: and 

(c) the drugs whose use shall be tested for 
shall include at least cannabis, cocaine, 



phenc\clidine (PCP). opiates and amphe- 
tamines or their metabolites: and 
(d) the test threshold \'alues shall be no less 
stringent than those values as established 
by the Department of Health and Human 
Services for Federal Workplace Drug 
Testing Programs: and 



(e) the test conducted shall be not more than 
60 davs old, calculated from the time 



NORTH CAROLINA REGISTER 



S6.^ 



PROPOSED RULES 



when the laboraton' reports the results: 
and 
(f) the laboratory- conducting the test must be 
certified for federal workplace drug testing 
programs, and must adhere to applicable 
federal rules, regulations and guidelines 



2£ 



ert^uning to the handling, testing, storage 



and presenation of samples, e.xcept that 
indi\idual agencies may specif\' which 
drugs are to be tested for an establish 
threshold \alues in accordance with the 
guidelines as set forth in Subparagraphs 
(c) and (dj of this Rule. 
Note: Although not presently required by these 
Rules, the commission recommends that every 
candidate for a position as a criminal justice of- 
ficer be examined by a Ucensed psychiatrist or 
clinical psychologist prior to employment, or be 
administered a psychological e\aluation test bat- 
tery to determine his mental and emotional suit- 
ability to perform the duties of an officer. 
(6) have been inter\ie\ved personally by the 
department head or his representati\e or re- 
presentatives, to determine such things as 
the applicant's appearance, demeanor, atti- 
tude, and ability to communicate: 
(7| notify the Standards Division of all criminal 
offenses which the officer pleads no contest 
to, pleads guilty to or is found guilty of. 
This shall include all criminal offenses ex- 
cept minor traffic offenses and shaU specif- 
ically include any offense of Driving Under 
The Influence (DL'I) or Driving While Im- 
paired (DWI). A minor tralTic offense is 
delined, for purposes of this Subparagraph, 
as an offense where the maximum punish- 
ment allowable by law is 60 days or less. 
The notifications required under this Sub- 
paragraph must be in writing, must specify 
the nature of the offense, the court in which 
the case was handled and the date of the 
conviction. The notifications required un- 
der this Subparagraph must be received by 
the Standards Division within 30 days of the 
date the case was disposed of in court. 
The requirements of this Subparagraph shall 
be applicable at all times during which the 
officer is certified by the commission and 
shall also apply to all applications for certif- 
ication. 

Officers required to notify the Standards 
Division under this Subparagraph shall also 
make the same notification to their employ- 
ing or appointing executi\'e officer within 20 
days of the date the case was disposed of in 
court. The executi\e officer, provided he 
has knowledge of the officer's conviction(s). 
shall also notifv the Stand;u"ds Division of 



all criminal convictions within 30 days of the 
date the case was disposed of in court. Re- 
ceipt by the Standards Di\ision of a single 
notification, from either the officer or the 
executive officer, is sufficient notice for 
compliance with this Subparagraph. 

Statutory Authority G.S. I7C-6; I7C-10. 

SLBCHAPTF.R 9C - ADM[MSTR.\ HON OF 

CRIMINAL JLSTICE EDLC.MION AND 

TRAINING ST.ANDARDS 

SECTION .0300 - CERTIFICATION OF 
CRIMINAL JUSTICE OFFICERS 

.0306 LATER.VL TRANSFER OF L.VVV 
ENFORCEMENT OFFICERS 

(a) A law enforcement officer with general cer- 
tification may transfer from one law enforcement 
agency to another law enforcement agenc\ with 
less than a 12 month break in law enforcement 
ser%ice. Prior to employing the otTicer, the em- 
ploying agency shall: 

(1) verify the certification of the otTicer with 
the Standards Division. 

(2) submit an up-to-date fmgerprint check in 
the same manner as prescribed for non- 
certified new applicants. No certification 
will be transferred if the holder has been 
convicted since initial certification of any 
offense for which re\ocation or suspen- 
sion of certification is authorized. 

(3) advise the officer that he wiU be serving 
under a probationary appointment with 
the agency for one year. 

(4) notify the commission, by submitting a 
Report of Appointment, that the officer 
is being employed and stating the date on 
which employment wiU commence. 

(b) Pnor to transfer of certification, the law- 
enforcement officer shall: 

(1) complete a Medical History Statement 
F'orm within 120 days prior to the transfer 
to the employing agency: 

(2) submit to examination by a physician li- 
censed to practice medicine in North Ca- 
roUna in the same manner prescribed for 
non-certified new applicants in 12 NC.AC 
9B .0104 within 120 days prior to the 
transfer to the employing agency: 

(3) submit results of the physical examination 
to the employing agency for placement in 
the officer's permanent personnel file: »ft4 

(4) produce a negative result on a drug screen 
administered according to^ lil£ specifica- 
tions outlined m 22 NCAC 2li i'ln|(5i: 
and 



S64 



SO RTH CAROL ISA R EG IS TER 



PROPOSED RULES 



(5) (4^ submit a copy of the commission's 

annual in-service training report form to 
the employing agency for placement in the 
officer's permanent personnel file when 
the duty and off duty weapon(s) remain 
the same as those previously used to qua- 
lify. Such in-ser\'ice training compliance 
must have occurred within the 12 month 
period preceding transfer; or 

(6) fi^ satisfactorily complete the employing 

agency's in-service firearms training pro- 
gram as prescribed in Rules 9E .0105 and 
9E .0106. 
(c) Officers previously certified who were not 
previously required to meet the educational or 
basic training requirements arc not required to 
meet such requirements when laterally trans- 
ferring to another agency with less than a 
12-month break in law enforcement service. 

Siatuiotj Authority G.S. I7C-6; I7C-I0. 

.0307 AGENCY RETENTION OF RECORDS 
OF CERTIFICATION 

Each agency shall place in personnel files the 
official notification from the commission of ei- 
ther probationary or general certification for each 
criminal justice officer employed or appointed by 
the agency. Such files shall be available for ex- 
amination at any reasonable time by represen- 
tatives of the commission for the purpose of 
verifying compliance with these Rules. The per- 
sonnel files shall also contain; 

(1) the officer's Personal History' Statement; 

(2) the officer's Medical Histon.' Statement and 
Medical Examination Report; 

(3) documentation of the officer's drug screen- 
ing results; 

(4) f4-^ a wntten sunimar\' of the Background 
In\estigation conducted on the officer; 

(5) f4^ a written summary of the officer's Qua- 
lifications Appraisal Interview; 

(6) f^ documentation of the officer's educa- 
tional achievements; 

(7) f4^ documentation of all criminal justice 
training completed by the officer; 

(8) (4) the results of the officer's fmgerprint re- 
cord check; and 

(9) f&^ for the law enforcement officer, doc- 
umentation on a commission-approved 
form that the officer has completed the mi- 
nimum in-scr\icc training as required. 

Statutory Authority G.S. I7C-2: I7C-6. 

.0.^09 LATERAL TRANSFER OF LO( AL 
CONFINEMENT PERSONNEL 



(a) An officer, supervisor or administrator with 
general certification may transfer from one local 
confinement facility to another local confmement 
facility, or may transfer from one county or dis- 
trict confinement facility to another county or 
district confmement facihty with less than a 12- 
month break in service. Prior to employing the 
individual, the employing agency shall; 

(1) verify the certification of the individual 
with the Standards Division; 

(2) submit an up-to-date fmgerprint check in 
the same manner as prescribed for non- 
certified new applicants; no certification 
will be transferred if the holder has been 
convicted since initial certification of any 
offense for which revocation or suspen- 
sion or certification is authorized; 

(3) advise the individual that he will be serving 
under a probationary appointment with 
the agency for one year; 

(4) notify the commission, by submitting a 
Report of Appointment, that the individ- 
ual is being employed and stating the date 
on which employment will commence. 

(b) Prior to transfer of certification, local con- 
fmement personnel shall: 

(1) complete a .Medicad History Statement 
Form within 120 days prior to the transfer 
to the employing agency; 

(2) submit to examination by a physici;m li- 
censed to practice medicine in North Ca- 
rolina in the same manner prescribed for 
non-certified new applicants in 12 NCAC 
9B .0104 within 120 days prior to the 
transfer to the employing agency; 

(3) submit results of the physical examination 
to the employing agency for placement in 
the individual's permanent personnel file; 
and 

(4) produce a negative result on a druu screen 
administered according to the specilica- 
tions outlined m \2 NCAC 211 .0101(5). 

(c) Local confinement personnel previously 
certified who were not previously required to 
meet the educational or basic training require- 
ments are not required to meet such require- 
ments when lateraUy transferring to another 
agency with less than a 12-month break in ser- 
vice. 

Statuloiy Authority G.S. I7C-2; I7C-6; I7C-I0. 

.0310 AGENCY REPORLING OF DRLG 
SCREENING RESULTS 

(a) Each agency shall report in writing to the 
Criminal Justice Standards Division all refusals 
and all positive results of drug screening obtained 
from appHcants and lateral transfers pursuant to 



NORTH CAROLINA REGISTER 



S65 



PROPOSED RULES 



12 NCAC 9B .0101(5) unless the positive result 
has been explained to the satisfaction of the 
agency's medical review officer who shall be a li- 
censed ph\'sician. 

(b) Hach agency, if it conducts a drug screen for 
in-service officers, shall report to the Criminal 
Justice Standards Division to the extent the drug 
screen conducted conforms to 12 NCAC 9B 
.0101{5)(a), (b), (c), (d), and (f). 

(c) For reporting purposes, a result will be 
considered "positive" only in those cases where 
the drug screen reveals the presence of an illegal 
drug at a level equal to or greater than the thres- 
hold value as established by the Department of 
Health and Human Ser\'ices for Federal Work- 
place Drug Testing Programs. 

Statutoiy Authoritx' G.S. nC-6: HC-IO. 



.0310 LUMBER RIVER BASIN 

(c) The Lumber River Basin Schedule of 
Classifications and Water Quality Standards was 
amended effective: 

(1) March 1, 1977; 

(2) December 13, 1979; 

(3) September 14, 1980; 

(4) April 12, 1981; 

(5) April 1, 1982; 

(6) Februarv 1, 1986; 
QX June 1, 1990. 

(d) Ihe Schedule of Classifications and Water 
Qualitv Standards for the Lumber River Basin 
was amended effective June _L 1990 bv the re- 
classification of Naked C'reek (Index No. 14-2-6) 
from source to Drowning Creek including all tri- 
butanes from Class WS-III to Class WS-HI 
ORW. 



TITLE 15A - DEPARTMENT OF 

ENA IRONMEN r, HEALTH, AND 

NATURAL RESOURCES 

1\ otice is hereby given in accordance with G.S. 
1 SOB- 1 2 that the Em-ironmenlal Management 
Commission intends to amend nde cited as 15.4 
SCAC 2B .0310. 

1 he proposed effccth-e date of this action is 
I. 1990. 



June 



Th 



he public hearing will be conducted at ~.'00 
p.m. on January 23. 1990 at Courtroom A. Rich- 
mond County Courthouse. Franklin Street. Rock- 
ingham, \C. 



Cc 



omment Procedures: .ill persons interested in 
this matter are invited to attend. Comments, 
statements, data and other information may be 
submitted in writing prior to, during, or within 
thirty (30 J days after the hearing or may be pre- 
sented orally at the hearing. Oral statements may 
be limited at the discretion of the hearing officer. 
Submittal of written copies of oral statments is 
encouraged. For more information, contact Su- 
zanne H. Keen. Division of Environmental Man- 
agement. P.O. Box 27687, Raleigh, SC 276U, 
(919) ~ 33-5033. 

CHAPTER 2 - ENVIRONMENTAL 
M.\NAGEMENT 

SUBCHAPTER 2B - SURFACE WATER 
STANDARDS: MONPrORING 



Statutorv Authority G.S. 143-214. 1: 143-215. 1: 
l43-2l5.3(a)(l). 



•k-k'k'kit'k^ii-k-k-k-k'k-k'k'k'k'k 



No 



otice is hereby gi\'en in accordance with G.S. 
1503-12 that the N.C. Marine Fisheries Commis- 
sion intends to amend rule(s) cited as 1 5A SCAC 
3B .0105 and .0306. 



Th 



he proposed effecti\-e date of this action is .ipril 
I. 1990. 



Th 



he public hearing will be conducted at 7:30 
p.m. on January 17, 1990 at Carteret County 
Courthouse, Superior Courtroom, Beaufort, AC 
and at 7:30 p.m. on January IS. 1990 at .Xevv 
Hanover County Courthouse, Room 302. Wilm- 
ington, .\C. MFC Business Session will be at the 
flolidav Inn. Wrizhtsville Beach. \C on January 
19 and 20. 1990.^ 

(_ omment Procedures: Comments and state- 
ments, both written and oral, may be presented at 
the hearings. Written comments are encouraged 
and may be submitted to the Marine Fisheries 
Commission, PO Box "69. Morehead City, .\C 
2S557. These written and oral comments must 
be received no later than January 20, 1990. 

CHAPTER 3 - >L\KINE FISHERIES 

SLBCHAPTER 3B - FISHERIES REGFLATIONS 
FOR COASTAL \\ ATERS 



SECTION .0300 - ASSIGNMENT OF STRE.VM 
CL.\SSlFIC.VriONS 



SECTION .0100 - GENERAL REGUL.VTIONS 
.0105 LEGAL SIZES AND CREEL LLMITS 



S66 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(a) Crab minimum size and tolerance limits are 
presented in 15A NCAC 3B .0800. 

(b) Clam minimum size and creel limits are 
presented in 15A NCAC 3B .0900. 

(c) Sea scallop minimum size and tolerance 
limits are presented in 15A NCAC 3B .1005. 

(d) Oyster minimum size, creel, and tolerance 
limits are presented in 15A NCAC 38 .1 100. 

(e) The lobster minimum size limit is presented 
in 15A NCAC 33 .1200. 

(f) Striped bass legal sizes and creel limits are 
presented in 15A NCAC 38 .1500 and 3F .0100. 

(g) Red Drum: 

(1) It is unlawful to take or possess more than 
two red drum exceeding 32 inches in 
length in any one day. 

(2) It is unlawful to possess red drum less than 

14 inches in length. 

(3) It is unlawful to remove red drum from 
any type of net with the aid of any boat 
hook, gaff, spear, gig, or similar device. 

(4) The Fisheries Director, may by procla- 
mation impose any or all of the following 
additional restrictions on the taking of red 
drum; 

(A) Specify areas. 

(B) Specify seasons. 

(C) Specify quantity. 

(D) Specify means/method. 

(E) Specify size. 

(h) It is unlawful to land or possess aboard a 
vessel any striped bass, red drum, spotted seatr- 
out or flounder mutilated to the extent that ac- 
curate length measurements cannot be made. 

(i) It is unlawful for individuals claiming ex- 
emption from the oyster, scallop and clam License 
required by G.S. 113-154(a) to take or possess 
more than the quantities specified in G.S. 
113-152(1). 

(i) It is unlawful to possess flounder less than 
13 inches in length. 

(k) It is unlawful to possess spotted seatrout 
(speckled trout) less than 12 inches in length. 

(1) It is unlawful to possess aboard or land from 
a vessel, or combination of vessels that form a 
single operation, more than 3,500 pounds of 
Spanish or King Mackerel, in the aggregate, in 
any one day. The Fisheries Director, may by 
proclamation, impose any or all of the following 
restrictions on the taking of Spanish and/or King 
Mackerel; 

(1) Specify areas. 

(2) Specify seasons. 

(3) Specify quantity. 

(4) Specify means/method. 

(5) Specify size. 



Any proclamation prepared under this authority 
must be approved by the Marine Fisheries 
Commission prior to issuance. 

(m) Inland game fish, except spotted sea trout, 
taken incidental to any licensed commercial fish- 
ing operation may be retained to the extent per- 
mitted by regulations of the Wildlife Resources 
Commission. 

(n) The Fisheries Director may, by proclama- 
tion, until September j_^ 1991, impose any or aU 
of the following restrictions in the shark fishery 
and in the fishery for species of the snapper- 
grouper complex listed in the South Atlantic 
Fisher>' Management Council Fishery Manage- 
ment Plan for the Snapper-Grouper Fishery of 
the South Atlantic Region; 

( 1) Specify size. 

(2) Specify seasons. 

(3) Specify areas. 

(4) Specify quantity. 

(5) Specify means method. 

(6) Require submission of statistical and bi- 
ological data. 

Stalulory Authority G.S. 113-134; 113-182; 
113-221; 143R-289.4. 

SECTION .0300 - NE I REGLLATIONS: 
GENERAL 

.0306 PLRSE SEINES AND PL RSE GILL NETS 

(a) It is unlawful to use purse seines except for 
the taking of menhaden or Atlantic thread her- 
ring. It is unlawful to land from a vessel licensed 
for menhaden fishing foodfish in excess of one 
percent of the total amount of fish on board, or 
to land foodfish from any vessel taking fish with 
the aid of a purse seine. In determining whether 
the portion of foodfish exceeds one percent of the 
total fish on board, the Fisheries Director or his 
agents are authorized and empowered to grade 
any portion of the total catch on board. In se- 
lecting the size of the portion for the determi- 
nation of the amount of foodfish present, the 
portion shall be no less than an amount required 
to fdl a standard five-gallon container for each 
100,000 fish on board. 

(fe^ i4- k unla' i >ful te- poi i scso menliadun e+ At- 
1 antic thread h e rring takon with a pur -.e f . ciii e e*- 
eef4 during the open ■■e a '. on frc<m May 44 
through Januapy +4t oxcopt that- the open r . oar . on 
wt Cor e Sound k from j\pril 4 through JanuaP t ' 
44r Munhadiin aft4 i\tluntic thread herring may 
be tak e n at »«¥ tim e V i itii a purr .e r . ein e from be- 

1 - J -V «-» .-^ i-. t~, :•, «-»". 1 T » ,-\ \ .- \-\ ,-^ 1-. 1 ■ t-\ i\~i,\ \ f 1 ■ I ft t 1 , ■ I 1 , ■ . t . ■ » 1 ■ ■ »-\ , I 

^^^TITT KTl I^ 1 1 11 IV^' t?T Z} I I\j 1 ~ ITT TTTV i \ IIIIITI fT." T,^W1.ll I CTTTTT 

tranoported t» pert oxcopt as pro' i ided m Para 
graph ii fei aft4 (4-^ ef thi* I - lule. 



NORTH CAROLINA REGISTER 



867 



PROPOSED RULES 



fe^ i^ » unla' . ' . ful to trtke menhad e n &f Atlantic 
thread herrint; t*¥ *!«* rf a purt ' C; ' joino botwoon 
f i un ' jet eft i±ftv [ nday a»4 GunnL ' O frf A* following 
Monday from ti+e Friday ©f A« Memorial ©sy 
V i ookc ' nd through r . unv e t eft I abor ©a¥ e ach 

(-d4 -h- 1^ unlav i ful tft tttire monhadun ef j\t]antic 
thr e ad herring t>v «^ ef a puroc C ' eme betv i oon 
ti*e hours ef f . unriso aft4 ounf .e t eft A« following 
official holiday;' . : 
t-l-+ Momonal Day: 

(4^ fourth ef July. V i hon (4%^ Fourth ef J-aiy 
feW^ e» afty calendar 4a¥ bet' i scen ounnco 
Friday aft4 sunr ie t Monday; 
y-^ Labor ©avr 
fe| It- » unlawful te «»* a purs e s e in e te talre 
menhaden ef Atlantic thread herring ift A<? ifl- 
temal coastal Vfuters. e xc e pt h* t+H* following vra- 
tors: Pamlico Sound. Pamlico Rii i er eavt ef a 
lift^ from Wades Point te Intracoastal W'aten' i ay 
Marker Xer 4- af t4*e mouth ef Goose Creek. 
Neuse Ri' i er ea^t- ef a l+ft^ from U'ilkinson Point 
te Cherr . Point. i\dams Creek. Core Sound aft4 
ite Inbutan e s. Back Sound, (-he Straits, North 
P^.i' ie r. > ie svport Pu' i er. aft4 Bogu e Sound. 
tf) t4- i^ unlawful te telre menhaden ef -\tlantic 
thread herring with a purse seine from t+h^ rVt- 
lantic Ocean within aft afe* described » 44A 
NCAC j^ MMAr 

ih) It is unlawful to take menhaden or Atlantic 
thread hemng uith a purse seine in \iolation of 
an\" of the following limitations: 

( 1 1 Any proclamation issued bv the Fisheries 
Director. Ihe Fisheries Director may, bv 
proclamation, close any of the coastal 
fishing waters that are open under this 
Rule and ma\' impose an\ or all of the 
l"ollo\ying restrictions on areas which re 
main open: 

(A) Specif\' means and methods by area 
which ma\' be emplo\ed in the taking: 

(B) 1 imit the quantity: and 

((' I Require submission of statistical and 
biological data. 



(2) Between sunset on any Frida\' and sunrise 
o^ the lollowing .\tonda\ Irom the Fnda\' 
of the .Memorial Day u'eekend through 
sunset on labor Dav each yean 

(3) Between the hours of sunrise and sunset 
on the t'ollowing holidass: 



(.\l Memonal Day: 

( B ) Fourth of .lulw when the Fourth of 
July falls on any calendar dav between 
sunrise Fndav and sunset .Monda\": 

(C) 1 abor Dav. 



(4i Between Januan 16 and March 31 in in- 
ternal waters and in the .Atlantic Ocean 
within one mile of shore. 



(5) In internal waters except in: 

(A) Pamlico Sound, 

(B) Pamlico River east of a line from 
Wades Point to IWW .Marker~No. 1 at the 
mouth of Goose Creek, 

(C) Neuse River east of a Ime from Wil- 
kinson Point to Cherry Point, 



.\dams Creek. 

Core Sound and its tributaries 

Back Sound, 



Ihe Straits, 
North Ri\er, 



IB 
liii 

(I I Newport River, and 
(J) Bogue Sound. 
(6) In the Atlantic Ocean within the area de- 
scnbed in 15.-\ NCAC 3G .1)004. 
(c) (^ When a fish spiU occurs, the responsible 
menhaden fishing company shall: 

( 1 ) Immediately notify the office of the Fish- 
eries Director of the North Carolina Di- 
\ision of Marine Fisheries of such spiU, 
and 

(2) Report to the Fisheries Director of the 
North Carolina Di\ision of Marine Fish- 
eries in writing on the circumstances as- 
sociated with each spiU and costs of its 
clean-up. 

I'd) (4^ It is unlawful to have a purse gill net on 
board a vessel when taking or landing Spanish 
or King Mackerel. 



Statutory Authority G.S. 
I43B-289.4. 



113-134: II3-IS2: 



■k-k-k'k'k'k'k-k-k'k-k'k-k'k'k'k'k-k 



i^ A^. 



otice is hereby given in accordance with G.S. 
I SOB- 12 that the EHXR - Land Resources intends 
to amend rulefs) cited as /5A SCAC 4A .0005; 
4B .0006 - .0007, .0009 - .0010, .0016, .0018, 
.0020; 4C .0007; repeal rulefs) cited as ISA 
SCAC 4B .00/7; and adopt rule(s) cited as ISA 
SCAC 4B .0024 - .002S; 4D .0003. 

1 he proposed effective date of this action is May 
I, 1990. 



Ti 



he public hearing will be conducted at: 

January 12^ [990 

7:00 p.m. 

Bldg. 2, College Union Bldg. 

Lenoir Community College 

//ur -0 

Kins ton. S.C. 



868 



SORTH C A ROLLS A REGISTER 



PROPOSED RULES 



January 19. 1990 

1:00 p.m. 

Hearing Rm., Archdale Bldg. 

3/2 N. .Salisbury St. 

Raleigh, N.C. 

January 22. 1990 

7:00 p.m. 

Auditorium - Main Bldg. 

Catawba Valley Tech. Inst. 

Hwv 70 

Hickory, N.C. 



Co 



omment Procedures: All persons interested in 
this matter are invited to attend. Comments, 
statements, data and other information may be 
submitted in writing prior to, during, or within ten 
days after the hearing or may be presented orally 
at the hearing. Oral statements may be limited 
at the discretion of the hearing officer. Submittal 
of written copies of oral statements is encouraged. 
For more information, contact Mell i\e\ils, Dhi- 
sion of Land Resources, P.O. Box 276S7, Raleigh, 
N.C. 27611 (919) 733-4574. 

CHAPTER 4 - SEDIMENTATION CONTROL 

SLBCM AFTER 4A - SEDIMENTATION 
CONTROL COMMISSION ORGANIZATION 

.0005 DEFINITIONS 

As used in this Chapter, the following terms 
shall have these meanings: 

(22) "Discharge Point" means that point at 
which runoff leaves a tract of land. 

(23) "(.'ompletion of Construction or Devel- 
opment" means that no further land-dis- 
turbing activity is required on a phase of a 
project except that which [s necessary for 
establishing a permanent ground cover. 

(24) "High Qualit\ Waters" means those clas- 
sified as such in 15A NCAC 2B .()l(ll(e)(5) 
-_ Cieneral Procedures, which is incorporated 
herein by reference to include further 
amendments pursuant to Ci.S. 15()B- 14(c). 

(25) "High Qualitv Water (IHjW) /ones" 
means areas in the Coastal Counties that are 
within 573 feet of I ligh Qualitv Waters and 
for the remainder of the state areas that are 
withm one mile and drain to lIQW's. 

(26) "Director" means the Director of the Di- 
vision of 1 and Resources of the Department 
of l'n\ironment, I leallh, and Natural Re- 
sourccs. 



.0006 BASIC CONTROL OB.IECTIVES 

An erosion and sedimentation control piano 
shall plan may be disapproved pursuant to Rule 
.0018 of this Subchapter if the plan fails to ad- 
dress the following control objectives: 

Statutory .Authority G.S. I13A-54(I). 

.0007 M.AND.ATORY ST.VNDARDS FOR 
LAND-DISTLRBING ACTIVITY 

(b) Pursuant to G.S. 1 13A-57(3), provisions for 
a ground cover sufficient to restrain erosion must 
be accomplished within 30 working days or 120 
calendar days following completion of con- 
struction or development, whichever period is 
shorter, except as provided in Rule .0()24(e) of 
this Subchapter. 



Statutoi-v Authority G.S. 
II3A-57: ll3A-57(3)(4). 



ll3A-54(d)(4); 



Statutory Authority G.S. 1 13A-52; II3A-54. 

SLBCFL\PTER 4B - EROSION AND SEDIMENT 
CONTROL 



.0009 STORM WATER OLTLET PROTECTION 

(a) Intent. Streumbanks aft4 channL ' id down 
r . trcam from afty km4 dir . turbing activity i . hall b© 
protoctod from accL ' lL'ratcd eroiiion cuur . od by ifi- 
oroasod i i 'olocity &f nmoff from the land disturb 
iftg activity. 

fb^ IV ' iformanc e Standard. Persons shall con- 
duct land disturbing acti\'ity so that the post 
construction velocity of the ten year storm runoff 
in the receiving watercourse at- to the discharge 
point does not exceed the greater of: 

(1) the velocity established by the table in 
Paragraph (^ (d) of this Rule; or 

(2) the velocity of the ten year storm mnoff 
in the receiving watercourse prior to de- 
velopment. 

If conditions (1) or (2) of this Paragraph cannot 
be met, then the channel below receiving wat- 
ercourse to and including the discharge point 
shall be designed and constructed to withstand 
the expected velocity anywhere the velocity ex- 
ceeds the "prior to de\'elopment" \eku'it\ bv ten 
percent. 

(b) fe-) Acceptable Management Measures. The 
Commission recognizes that management of 
storm water runoff to control downstream ero- 
sion constitutes a developing technology and 
consequently invites the use of inno\ativc tech- 
niques shown to produce successful results. Al- 
ternatives include: 

(c) (4^ Exceptions. This Rule shall not apply 
when stoiTn water discharge \'clocities wiU not 
create an erosion problem in the recei\ing wat- 
ercourse. 

(d) fef The following tabic sets maximum per- 
missible \clocitv for storm water discharges: 



NORTH CAROLINA REGISTER 



,S69 



PROPOSED RULES 



Statutory Authority G.S. I l3A-54(b)(c). 

.0010 B()RRO\V AM) WASTE AREAS 

If the same person conducts the land disturbing 
activity and any related borrow or waste activity, 
the related borrow or waste activity shall consti- 
tute part of the kind disturbing activity unless the 
borrow or waste activity is regulated under the 
Mining Act of 1971, or is a landfill regulated by 
the Di\'ision of Health Si ' n icL '* ' . ef t-h*» l^t ' part 
mont »4-' Human Re -. ourc e s. Solid Waste Man- 
agement. If the land disturbing activity and any 
related borrow or waste activity are not con- 
ducted by the same person, they shall be consid- 
ered separate land-disturbing activities. 

Statuton Authoritv G.S. 74-67; ll3A-54ib); 
1 30 A- 166.21. 

.0016 EXISTING L)NCO\ERED AREAS 

(b) The Commission or local go\emment shall 
serve a notice to comply upon the landowner or 
other person in possession or control of the land 
by registered or certified mail or other means 
reasonably calculated to give actual notice. The 
notice shall state the measures needed and the 
time allowed for compliance. The authority 
serving the notice shall consider the economic 
feasibility, technological expertise and quantity 
of work required, and shall establish reasonable 
time limits. 

Statutory Authority G.S. I I3A-54. 

.0017 STATEMEM OK FINANCIAL 

RESPONSIBIIII^ AND OWNERSHIP 
(REPEALED) 

Statuton- Authority G.S. ll3A-54(b). 

.0018 APPROVAL OF PLANS 

(a) Persons conducting land-disturbing acti\ il\' 
which co\crs one or more contiiiuous acres shall 
flic three copies of the erosion and sedimentation 
control plan w ilh the local Lio\ernmenl ha\ing 
lunsdiction or with the Commission if no kxal 
gcnernment has juriNdiclioii. at least .^O- da\ s 
pnor to bcLnnnin'-: such acti\ it\' and shall keep 
another cop\ of the plan on hie a[ the job site. 
]f the Commission or kx^al uovernment deter- 
mines, either upon re\ iew of such plan or on in- 
spection o[ the job site, ihat a significant nsk of 
acceleralei.1 erosion or olf-site sedimentation ex- 
ists. it_ will require a revised pi, in. I'endinL! the 
preparation of the rc\iscd plan, work shall cease 
or shall continue under conditions outlined bv 
the a|'>proi''nale authont\ 

(b) (-a4 Commission Ap[iro\al 



(1) The Commission shall review plans for all 
land-disturbing activity over which the 
Commission has exclusive jurisdiction by 
statute and all other land-disturbing ac- 
ti\-ity if no local government has jurisdic- 
tion. 

(2) The Commission shall complete its review 
of any completed plan within 31) days of 
receipt and shall notify the person sub- 
mitting the plan in writing lh,it it has 
been; 

(A) approved, 

(B) approved with modification, 

(C) approved with performance reserva- 
tions, or 

(D) disapproved. 

(3) The Commission's disapproval, modifica- 
tion, or performance reser\'ations of any 
proposed plan, shaU entitle the person 
submitting the plan to an administrative 
hearinc in accordance with the provisions 
of G. S. 150B-23. 

(4) Subparagraph (*) [bj (3) of this Rule shall 
not apply to the appro\al or modification 
of plans re\'iewed by the Commission 
pursuant to G.S. 113A-61(c). 

(5) .Vnx' plan submitted for a land disturbing 
acti\'it\' for which an en\ironmental dtK- 
ument is required bv the North Carolina 
ln\'ironmental Pt^licv .Vet shall be 
deemed incomplete until a complete 



ronmental document is a\ailable for re- 
\iew. 1 he Commission shall prompth 
notify the person suhmittinu the plan that 
the 30 da\ time limit for re\iew of the 
plan pursuant to Subparagraph (bi(2) of 
this Rule shall not begin until a complete 
en\'ironmental document [s available lor 
review. 



(c) Irosion and sedimentation control plans 
ma\ also be disapproved unless the\" inclikle an 
aulhori/ed statement ot^ hnancial responsibility' 
and ownership. This statement shall be siuned 
bv the person financially responsible for the 
land-disturbing activity or his attorney in tact. 

! he statement shall include the mailim; and street 
addresses of the pnncipal place of business ot_ the 
person financially responsible and ot the ow ner 
of the land or their registered aizents. 

(d) fb-) Local Government Approval 

( 1 ) I ocal Governments admini.stering erosion 
and sedimentation control programs shall 
de\-elop and publish procedures for ap- 
proval of plans. Such procedures shall 
respect applicable laws, ordinances, and 
rules shall contain procedures for appeal 
consistent with the local government s 
organization and operations. 



ro 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(2) The secretary shall appoint such 
employee(s) of the department as he 
deems necessar>' to consider appeals from 
the local government's tlnal disapproval 
or modification of a plan. Within 30 days 
following receipt of notification of the 
appeal, such departmental employee shall 
complete the review and shall notify the 
local government and the person appeal- 
ing the local government's decision that 
the plan should be approved, approved 
with modifications, approved with per- 
formance reservations, or disapproved. 

(3) If either the local government or the per- 
son submitting the plan disagrees with the 
decision reached by an employee of the 
Department then he may appeal the deci- 
sion to the Commission by filing notice 
within 15 days with the Director of the 
Division of Land Resources. The director 
shall make the proposed erosion control 
plan and the records relating to the local 
government's and departmental employ- 
ees review, available to an appeals review- 
committee consisting of three members 
of the Commission appointed by the 
chairman. Within 10 days following re- 
ceipt of the notification of appeal, the ap- 
peals review committee shall notify the 
local government and the person submit- 
ting the plan of a place and time for con- 
sideration of the appeal, and shall afford 
both parties an opportunity to present 
written or oral arguments. The appeals 
review committee shall notify both parties 
of its decision concerning the approval, 
disapproval, or modification of the pro- 
posed plan within 30 days foUouing such 
hearing. 

Statutoty Authoritv G.S. 1/3.4-2: 1 1 3.4-54: 
II3A-54(b): ll3A-54(d)(2): Il3.i-60(a); 
ll3A-6l(b): ll3A-6l(c): 150D-23. 

.0020 INSPECTIONS AND IN\ KSTICVTIONS 

(a) The Commission, Department of l'n\iron- 
ment. Health, and Natural Rcscnirccs or local 
government shall also have the power to require 
written statements, or the filing or reports under 
oath, concerning land disturbing activity. 

(b) Inspection of sites shall be earned out bv 
the staff of Department of fnvironment. Health, 
and Natural Resources or other qualified persons 
authorized bv the Commission or Department 
of l'n\ironment. Health, and Natural Resources 
as necessaPi to carPi out its duties under the Act. 



(c) No person shall refuse cntr\' or access to 
any authorized represcn1ati\e of the Commission 



who requests entry for purposes of inspection, 
and who presents appropriate credentials, nor 
shall any person obstruct, hamper or interfere 
with any such representative while in the process 
of canning out his official duties. 

Statutory Authority G.S. II3A-54(b); I BASS; 
II3A-6I.I. 

.0024 DESIGN STANDARDS IN SENSITIVE 
WATERSHEDS 

(a) Uncovered areas in HQW zones shall be 
limited at any time to a ma.ximum total area 
within the boundaries of the tract of 20 acres. 
Only the portion of the land-disturbing activity 
within a HQW zone shall be governed by this 
Rule. Larger areas may be uncovered within the 
boundaries of the tract with the written approval 
of the Director. 

(b) Lrosion and sedimentation control meas- 
ures, structures, and devices within HQW zones 
shall be so planned, designed and constructed to 
provide protection from the runoff of the 25 year 
storm which produces the maximum peak rate 
of runoff as calculated according to procedures in 
the United States Department of Agricultural 
Soil Conservation Service's "National Engineer- 
ing Field Manual for Conservation Practices" or 
according to procedures adopted by any other 
agency of this state or the United States or any 
generally recognized organization or association. 

(c) Sediment basins within HQW zones shall 
be designed and constructed such that the basin 
win have a settling efficiency of at least 70 percent 
for the 40 micron (0.04mm) size soil particle 
transported into the basin by the runoff of that 
two-year storm which produces the maximum 
peak rate of runoff as calculated according to 
procedures in the United States Department of 
Agriculture Soil Conservation Services "National 
Engineering Field Manual for Conservation 
Practices" or according to procedures adopted 
by any other agency of this state or the United 
States or any generally recognized organization 
or association. 

(d) Newly constructed open channels in HQW 
zones shall be designed and constructed with side 
slopes no steeper than two horizontal to one 
vertical if a vegetative cover is used for stabiliza- 
tion unless soil conditions permit a steeper slope 
or where the slopes are stabilized by using me- 
chanical devices, structural de\ices or other ac- 
ceptable ditch liners. In any event, the angle for 
side slopes shall be sufficient to restrain acceler- 
ated erosion. 

(e) Pursuant to G.S. 1 13A-57(3) provisions for 
a ground cover sufficient to restrain erosion must 
be provided for any portion of a land-disturbing 



NORTH CAROLINA REGISTER 



871 



PROPOSED RULES 



activity in a IIQW zone within 15 working days 
or 60 calendar days following completion of 
construction or development, whichever period 
is shorter. 



or other means reasonably calculated to jave ac- 
tual notice. 



Slalutorv Authority 
II3A-54(c)(l). 



G.S. ll3A-54(b); 



.0025 Bl KFER ZONE RKQLIREMENTS 

(a) The 25 foot minimum width for an undis- 
turbed buffer zone adjacent to designated trout 
waters shall be measured horizontaUy from the 
top of the bank. 

(b) Where a temporary' and minimal disturb- 
ance is permitted as an exception by G.S. 
113A-57(r), land-disturbing activities in the buf- 
fer zone adjacent to designated trout waters shall 
be limited to a ma>dmum of ten percent of the 
total length of the buffer zone within the tract to 
be distributed such that there is not more than 
100 linear feet of disturbance in each 1000 linear 
feet of buffer zone. Larger areas may be dis- 
turbed with the written approval of the Director. 

(c) No land-disturbing activity shall be under- 
taken within a buffer zone adjacent to designated 
trout waters that will cause adverse temperature 
fluctuations, as set forth in 15A NCAC 2B .021 1 
"Fresh Surface Water Classification and Stand- 
ards", in these waters. 

Statutorx' Authority G.S. ll3A-54(b): 
ll3A-54(c)(l): II3A-57(I). 



Statutory Authority G.S. 
I43B-I0. 



II3A-54; II3A-64: 



SUBCHAPTER 4D - LOCAL ORDINANCES 

.0003 REVISIONS TO APPRON ED LOCAL 
ORDINANCES 

(a) The Commission shall revise the model 
ordinance as necessary and shall provide such 
revisions to all approved local programs within 
30 days of the date of revision. Each local gov- 
ernment shall incorporate said revisions in its lo- 
cal ordinance within eight months following their 
receipt. If local ordinance standards and pro- 
visions meet or exceed the required rc\isions the 
local government shall notify the Commission 
within 90 days of their receipt. 

(b) The Commission shall only approve re- 
visions upon determining that such revisions 
equal or exceed the standards of the model ordi- 
nance and have been adopted locally. 

(c) The Commission shall re\iew draft re- 
visions undertaken by a local government within 
60 days of their receipt and shall notify the local 
government of their adequacy or of any necessary 
corrections. 

Statutory Authority G.S. II3.i-54(d); II3A-60. 



SUBCHAPTER 4C - SEDIMENT.ATION 
CONTROL CIVIL PENALTIES 

.0007 PROCEDURES: NOTICES 

(a) Prior to the assessment of any civil penalty, 
notice of the violation shall be gi\en the alleged 
violator(s) or his (their) agent(s) by registered or 
certified mail or other means reasonable calcu- 
lated to gi\'e actual notice, descnbmg the \io- 
lation with reasonable particulanty, specifying a 
time period for compliance and stating that upon 
failure to comply the person responsible for the 
violation shall become subject to the assessment 
of a ci\il penalty, pro\ided that no time period 
tor compliance need he gi\en for failure to sub- 
mit an erosion control plan for approval or for 
obstructing, hampenni: or interfering with an 
authon/ed rcprescntalne while in t_he process of 
carrMni: out his oliicial duties. 

(b) If. after the allotted time penod has expired, 
the violator has not completed corrective action, 
a civil penalty may be assessed from the date of 
receipt of the notice of \iolation. Notice of the 
assessment shall be by registered or certified mail 



No 



otice is hereby gi\'en in accordance with G.S. 
J SOB- 12 that the ^North Carolina Wildlife Re- 
sources Commission intends to amend nde{s) 
cited as ISA XCAC JOB .0115. 



Th 



he proposed effective date of this action is April 
I. 1990. 

1 he public hearing will be conducted at 7:00 
p.m. on January 17, 1990 at Harnett County Of- 
fice Building Auditorium, 102 E. front Street, 
Lillington, N.C. 



Co 



ominent Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written comments from 
Januaiy 2, 1990 to February- 1, 1990. Such writ- 
ten comments must be delivered or mailed to the 
Wildlife Commission, 512 \. Salisbuiy St.. Ra- 
leigh. NC 27611. 



872 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



CHAPTFR 10 - WILDLIFK RESOl RCKS AND 
VVATKR SAFETY 

SUBCHAPTER lOB - HUNTING AND 
TRAIMMNG 

SECTION .0100 - GENERAL REGULATIONS 

.0115 SHINING LIGHTS IN DEER AREAS 

(c) No person shaU, between the hours of 
one-half hour after sunset and one-haLf hour be- 
fore sunrise, intentionaUy shine a light upon a 
deer or intentionally sweep a light in search of 
deer in the indicated portions of the following 
counties: 

^1) Alamance -- entire county; 

2) Alexander -- entire county; 

3) Alleghany -- entire county; 

4) Anson -- entire county: 

5) Ashe -- entire county; 

6) Avery -- that portion south and east of 
Highway 221; 

7) Burke -- entire county; 

8) Cabarrus -- entire county; 

9) CaldweU -- entire county; 

(10) Caswell -- entire county; 

(11) Catawba -- entire county; 

(12) Chatham -- entire county; 

(13) Clay — entire county; 

(14) Cleveland -- entire county; 

(15) Cumberland -- entire county; 

(16) Davidson -- entire county; 

(17) Davie -- entire county; 

(18) Durham — entire county; 

(19) Gaston - entire county; 

(20) Cjuilford — entire county; 

(21) Halifax -- entire county; 

(22) I Limctt 22 entire county; 

(23) fiS-^ 1 Icndcrson -- entire county; 

(24) (-34-^ Hyde - that part bounded on the 
north by a line running parallel with and 
1000 yards in a northward direction from 
that part of SR 1304 that leads from 
Hodges' Fork to Rose Bay, on the east 
by the Mattamuskeet National Wildlife 
Refuge boundar\', on the southeast by I'S 
264. and on the west and southwest by a 
line running parallel with and 1000 yards 
in a west or southwest direction from the 
ccnterlineof SR 1304; 

(25) (-34-^ Iredell -- entire county; 

(26) (-34) Johnston — entire county; 

(27) (-34f Lee — entire county; 
(2X) (-3^ Lincoln -- entire county; 
(2*^)) (-^ McDowell - entire county; 
( 3( ) ) (r^ Mecklenburg - entire county; 

(31) (-40) Mitchell -- entire county; 

(32) (4+) Northampton -- entire county; 



(33) 
(34| 
(351 
(361 
(371 
138] 
t39| 



(401 
(41} 
(42) 
(431 
(441 
(451 
(461 
(471 
(481 



fr^) Person — entire county; 
(44) Polk -- entire county; 
(44) Randolph — entire county; 
(4^ Rockingham -- entire county; 

(44) Rowan -- entire county; 
(4?) Rutherford -- entire county; 

(45) ScotL'ind -- that part lying west of 
US 401 north of laurinburg and north of 
US 74 west of Laurinburg; 

(49) Stanly — entire county; 
Stokes — entire county; 
Surry -- entire county; 
Transylvania -- entire county; 



( 10 \ 
(44) 
(4^ 

LdJS 

(44) 
f4^ 

(4?) 



Union -- entire county; 
Watauga -- entire county; 



Wilkes - 

Yadkin 

Yancey 



entire county; 

- entire county; 

- entire county. 



Statutory Authoritv G.S. 113-134; 113-291.1; 
c / laai nu iih- e/ jggi (Second Session 



S.L. 1981. 
1982), Ch. 



Ch. 4/0; 
I ISO. 



S.L. 



•k'k'k-k'k-kie-k'k-k-k-k'k'k-k'k'k'k 



No 



otice is hereby given in accordance with G.S. 
1 508- 1 2 that the North Carolina Wildlife Re- 
sources Commission intends to amend rule(s) 
cited as ISA NCAC I OB .0116; IOC .0401; lOD 
.0002: 101 .0003 - .0005. 

1 he proposed effective date of this action is April 
I. 1990. 



Th 



he public hearing will be conducted at 10:00 
a.m. on January 16, 1990 at Room 3S6, Archdale 
Building, 512 N. Salisbury Street, Raleigh, North 
Carolina. 



c 



ommcnt Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written comments from 
January I, 1990 to January 31, 1990. Such writ- 
ten comments must be delivered or mailed to the 
N.C. Wildlife Commission, 512 N . Salisbury St., 
Raleigh, NC 27611. 

CHAPTER 10 - WILDLIFE RESOURCES AND 
\\ ATER SAFETY 

SUBCHAPTER lOB - HUNTING AND 
TRAPPING 

SECTION .0100 - GENER.VL REGULATIONS 

.0116 PERMITTED ARCHERY EQUIPMENT 



NORTH CAROLINA REGISTER 



,V7.? 



PROPOSED RULES 



(b) Only arrows with a fixed minimum broad- 
head width of seven-eighths of an inch and that 
do not mechanicalU' open upon impact may be 
used for taking bear, deer, wild boar or wild tur- 
key. Blunt-type arrow heads may be used in 
taking small animals and birds including, but not 
limited to, rabbits, squirrels, quail, grouse and 
pheasants. Poisonous, drugged, barbed, or ex- 
plosi\e arrowheads may not be used for taking 
any game. 

Statutory- Authority G.S. 113-134: 1 13-291 .1 (a). 

SUBCHAPTFR IOC - IM AND FISHING 
KEGLI .\TIONS 

SK( 1 ION .0400 - NONGAMK MSI I 

.0401 MANNKK OF TAKING NONGAME 
FISHFS: I'l RCH ASE AND SALE 

(a) Except as permitted by the rules in this 
Section, it is unlawful to take nongame fishes 
from the inland fishing waters of North Carolina 
in any manner other than \\ ith hook and line, rod 
and reel, trotline or set-hook. Nongame fishes 
may be taken by such hook and line methods at 
any time without restriction as to size limits or 
creel limits, except that no trotlines or set-hooks 
ma> be used in the impounded waters located on 
the Sandhills Game Land or in designated public 
mountain trout waters. The season for taking 
nongame fishes by other hook and line methods 
in designated public mountain trout waters shall 
be the same as the trout fishing season. 

(b) Nongame fishes taken by hook and line 
methods or by licensed special de\ices may be 
bought and sold. 

(c) Freshwater mussels ma\' onl\ l . IiuU ftt4 be 
taken oxc opt from impounded waters, except 
mussels shall not be taken in I ake Waccamaw 
and in InnersitN I ake in ( )ran<ze (\iunt\". 



Slalutoty Auihoiitv G.S. 
// 3-292. 



113-134: 113-272: 



slbctiaitkk lod - (,ame lands 
kegll.vlions 

.0002 (;fnfkal rk(;i lai ions regarding 

LSE 

(c) Possession of Hunting De\ices. It is un- 
lawful to possess a firearm or bow and arrow on 
a game land at any time except during the open 
hunting seasons or hunting days for game birds 
or game animals thereon unless said de\ice is 
cased or not immediately available for use, pro- 
\'ided that such devices ma\" be possessed and 
used b\' persons participating in field trials on 



field trial areas and on target shooting areas des- 
ignated by the landowner, and possessed in des- 
ignated camping areas for defense of persons and 
propert\'; and provided further that .22 cahber 
pistols with barrels not greater than seven and 
one-half inches in length and shooting only short, 
long, or long rifle ammunition may be carried as 
side arms on game lands at any time other than 
by hunters dunng the special bow and arrow and 
muzzle-loading firearms deer hunting seasons and 
by indi\ iduals training dogs during closed season 
w ithout field trial authorization. This Rule shall 
not prevent possession or use of a bow and arrow 
as a licensed special fishing device in those waters 
where such use is authorized. During the closed 
tlrearms seasons on big game (deer, bear, boar, 
wild turkey), no person shall possess a shotgun 
sheU containing larger than No. 4 shot or any ri- 
fle or pistol larger than a .22 caliber rimfire while 
on a game land, e.xcept that shotgun shells con- 
taining ^vot i "rh^rt any size steel or non-toxic 
shot ma\' be used e«- (,'roatun, Cjoo '. c Ot ' ok t*ft4 
CjuII Rook Gam e 1 and; . , while waterfowl hunt- 
in'.:- No person shall hunt with or ha\e in pos- 
session any shotgun shell containing lead or toxic 
shot while hunting on any posted waterfowl im- 
poundment on any game land, or while hunting 
waterfowl on Butner-Falls of Neuse Game 1 and 
or New I lope Game Land, except shotgun shells 
containing lead buckshot may be used while deer 
hunting. 

Siatutoiy Authority G.S. 113-134: 113-264: 
113-2W.3; 113-291.2; 113-291.5: 113-305: 113- 
306. 

SLBCHAITFR 101 - ENDANGERED AND 
rilREAIENED SPECIES 

.0003 endan(;ered si'ecies listed 

(a) The following species of resident wildlife are 
designated as federally-listed endangered species: 
(-H (.'ap e fetf ; . hiner (Notropir . mc'ki j. tocho 

f4+ i\m^?rican p e regiin e falcon ( Falco peri' 

uiinuv aiuitum): 
f^ Carolina ntMllK ' m n>ing squirrel ((ilau 

comv i r . abniui '. coloralu ; ' . ): 
f4+ nachman'r . warbler (\'erimivora bacluna 



f^ Bald eagle ( I laliaeotU '. leucocephalu ' . . ): 

ftH Ro '. eale t-efft (St e rna Llougallii dougalliil: 

(-^ Ici 'i t e rn cougar ( ( elu . concolor cougar); 

(-Ss4 (jray brri- (.Myotic , grise^cen - . . ); 

f^ Indiana brt4- fMyoli '. ■■ odali '. ): 

f+U4 hop . bilk ' d woodpeck e r (('ampej''hilur ' 
principali '. ): 

f4-l4 Kiilkind ■. V i Lirbler ( Dendfoica kirllaiuli); 



iS74 



SORTH CAROLINA REGISTER 



PROPOSED RULES 



(-1^ l e ath e rback turtle* (DormoGholyfi ooria 

(44) Manat ee ('I'richociiu ji manutuii), when 

found ift inland fir . hing wat e rs; 
(44) Rod Gockadod woodpocUor (Fiooideo be- 

r e alis); 
(44) Shortnos e sturgeon (Aciponoor broviroivl 

T-i 1 rt-i \ It rt-» .-ir-i T .--1 1 1 T^ j-j i «-i ■ t-i 1 '-» t-i . -1 T t i-\-\t r\ rx 1 1 ■ <-> <- fn-r- - 

1 LI 1 1 1 ^ , tTTT^tT IT.7 LI I lU ITT rTTTCTTT^T 1 1 .<! 1 1 1 It TT Hit I VT, 

(4-6) Atluntio ridley turtle (Lepidoch e lyu kem 

(4^ I [awkiibill turtle (nretmoch e lys imbri 

cata); 
(4-8) 4^ river spiny mussel (Hlliptio 

[oGJithyrial stoinstansana); 

(49) Virginia big e ar e d bat- (F^locotus town 
Gondii townsondii); 

(50) Wood stork (Myctoria amorioana). 

(1) Amphibians: 

None listed At This Time 

(2) Birds: 

(A) .American peregrine falcon ( Falco per- 
egrinus anatum); 

(B) Bachman's warbler (X'ermivora bach- 
manii); 

(C) Bald eagle (Haliaeetus Icucoccphalus); 

(D) l\or\-billed woodpecker (('ampephilus 
principalis); 

(F) Kirtland's warbler (Dendroica kirt- 
landi); 

(!■) Red-cockaded uoodpecker (Picoides 
borealis); 

(G) Roseate tern (Sterna d. dougallii); 
(H) Wood stork (Mxctena americana). 

(3) Fish: 

( A ) Cape fear shiner (Notropis mekisto- 
cholas); 

(B) Shortnose sturgeon ( Acipcnser brevi- 
rostrum). when Ibund in inland fishing 
waters. 

(4) Mammals: 

(A) Carolina northern flNint; squirrel 
(Glaucoinvs sabrinus coloratus); 

(B) Fastem cougar (lelis concolor cougar); 

(C) C>rav bat (Mvotis grisescens); 

(D) Indiana bat ( M\otis sodalis); 

(F) Manatee ( Inchechus manatus), when 

found in inland fishing waters: 
([■ ) Virginia big-eared bat (Plecotus t^ 
townsendii). 
(5| Mollusks: 

"Far nver spiny mussel (Flliptio |canthvria| 
steinstansana). 
£61 Reptiles: 

(A) Atlantic ridlev turtle (1 cpidochelvs 
kempii); 

(B) llawksbiU turtle (Fretmochcivs imbri- 
cata); 



(C) 1 .eatherback turtle (Dermochelys co- 
riacea). 
(b) The following species of resident wildlife 
are designated as state-listed endangered species: 

NONE I I STRD rVJ^ 4444^ TIME 

(1) Amphibians: 

Green salamander (Aneides aeneus). 
0} Birds: 

None listed At This Time 
(3} Fish: 

None I isted At This Time 

(4) Mammals: 

None listed At This Time 

(5) Mollusks: 

None I, isted At This Time 

(6) Reptiles: 

(A) F'astem coral snake (Micmrus F ful- 
\ius): 

( B) Fastem diamondback rattlesnake (C"ro- 
talus adamanteus). 

Staiutorv Authority G.S. 113-134; 113-291. 2; 
113-292: 113-333. 

.0004 THREATENED SPECIES LISTED 

(a) Fhe following species of resident wildlife are 
designated as federaUy-listed threatened species: 
(44 Spotfin chub (llybop '. is monacha): 
f2) Noonday land snail (Mooodon clarki 

nantahala); 
(4) Groon turtl e (Ch e lonia my das); 
(4) 1 ogg e rhead turtle (Caretta car e tta); 
(^ jVmorioan alligator (iMligator mississipi e n 



(6) j\rotic i porogrino falcon (Falco p e r e grinus 

tundrius); 
(^ Dir . mal swamp southern shrevi .' (Sorex 

longirostris fish e ri); 
(X) Piping plos e r (Charadrius melodus); 
(9) Waccama' . ' i ' siUerside (Monidia extonsa). 
( 1) Amphibians: 

None I isted At This Time 
(2| Birds: 

( A ) Arctic peregrine falcon (Falco peregri- 
nus tundrius): 

(B) Piping plover (Charadrius melodus). 
(32 Fish: 

(A) Spotfin chub (IKbopsis monacha); 

(B) Waccamaw siherside (Mcnidia ex- 
tensa). 

(4) Mammals: 

Dismal swamp southern shrew (Sorex 

longirostris fishen). 
[5] Mollusks: 

Noonday land snail (Mesodon clarki 

nantahala). 



NORTH CAROLINA REGISTER 



,S7.> 



PROPOSED RULES 



(6) [Reptiles: 

(A) American alliizatcir (Alliiiator mississi- 

picnsjs): 
(1^) Circen turtle fChelonia mvdas); 
((') I ULiL'erhead turtle (("aretta caretta). 
(bj The tolknvnig species of resident wildlife 
are designated as state-listed threatened species: 
Fa ' 4001 vvnod Rri- (WH^toma tloridana tidridana). 
( 1 ) .Amphibians: 

(A) 1 -astern tiger salamander (Ambystoma 
t^ tigrinum); 

(B) W'ehrle's salamander (Plethodon wehr- 
Ici). 

(2] IJirds: 

None I iste d At This Time 

(3) Fish: 

None L isted At This Time 

(4) Mammals: 

Fastcm wood rat (Neotoma f floridana). 
(5} Mollusks: 

None Listed At This Time 
(6) Reptiles: 

Bol: turtle (ClemmNS muhlenberai). 

Statutory Authoritv G.S. //3-J34: 113-291.2: 
113-292: 113-333. ' 

.0005 SPKCIAL CONCKKN SPKCIKS LISTKD 

The following species of resident wildlife are 
designated as state-listed special concern species: 
(-4-^ Wat e r -. lirt ' w (Sorex palu ^. tn -. punctiilatu !. ): 
(-5-^ 1 ong tailL ' d '. hiov . (Sori. ' X divpar blitchi): 
fi)- Fsgmy r . hrc ' i t v (Sorox ho;, i ' . vinnL'manii): 
f-^- Star nof ' L'd molj (Crondylura crir . lata 

paP i u): 
(4^ ScHith e a -. t e m t>rrt- (Myoli - i au '. lroripariu ' ; . ): 
(-6-^ Ki. ' L ' n 'I brt4- (Mvdti ' j kuonii ' jL ' plL ' nlnonali - j): 
f7^ Small focUod brrf I Myotic t+e4H liobi): 
fS) RiirmL -'i quL ' 'I big e ar e d brri- ( Plocotu ;. ft+li- 

nc i quii rafino '. quii rt«4 ^-rf-r macroti !. ): 
f^ Brvi/ilian troij lailud brrt- ( 1 adanda bra -. i 

lic ' iT ' O '. cy nocophalal: 
f4-W-)- 1 attorn v . ood ftri- ( NY ' otoma Horidana 

haemitora rtH4 -X-t^r niagi '. ter): 
f4-l-+ RiK'k 'rt4e ( MicrHlU 'i chrotorrhinuij caro 

lin e n -. i -. ): 
(-444 Bog tuilk ' (clommy '. muhlunbLTgii'): 
^-\-h (ire e n •■ alamander (iNn e idL '-. aijn e u ;. ). 
( 1 ) Amphibians: 

(a) Carolina cr:iwfish frog (Ran a areolata 
capito); 

(b) ('re\icc salamander ( I'lclhodcm lonucrus): 

(c) Dwarf salamander [sih'er moi-ph| (_Furvcea 
quadndieitata): 

(d) ]■ astern hellbender (C'r\ptobranchus a_ al- 
leuaniensis): 

(e) l(uir-toed salamander ( 1 IcmidactN Hum 
scutatum): 



(f} Junaluska salamander ([:ur\cea junaluska); 
(g) 1 (mgtail salamander (t-ur\cea k longi- 

cauda); 
(h) Mole salamander (Ambystoma talpoi- 

deum): 
[i} M(^untain chorus frog (Pseudacris brachv- 

phona); 
(i) Mudpuppv (Neclurus maculosus): 
(k) Neuse river waterdog ( Necturus Icwisi); 
(I) River frog (Rana heckschen): 
(m) Weller's salamander (Flelhodon welleri): 
(n) Zigzag salamander (Plethodon dorsalis). 
{IX Birds: 

(a) Bachman's sparrow (Aimophila aestivalis}^ 

(b) Bewick's wren ( Thrxomanes bewickii); 

(c) Black-capped chickadee ( F'arus atricapil- 
lus): 

(dl i^lack skimmer (Rhvnchops niger): 

(e) Br(n\n pelican (Plecanus occidentalis); 

(f) Black \Tilture (Corag\'ps atratus); 

(g) Cooper's hawk ( Accipiter cooperi); 
(h) CilossN ibis ( Plegadis talcmellus): 

(i) (jolden-crowned kinglet ( Regulus satrapal: 
(i) [ ittle blue heron (Pgretta caeailea): 
(k) Foggerhead shnke ( Fanius ludcn icianus): 
(1) Northern saw-whet owl (.Aegolius acadi- 

cusi: 
(m) Olive-sided fl\'catcher (Contopus bo- 

realis): 
(n) Snowy Fgret (Fgretta thula); 
(o) Tncolor heron (l-'gretta tricolor). 
Ql Fish, 

None Fisted At This lime 
(4) \Fimmals: 

(a) Brazilian free-tailed bat (Tadarida brasi- 
liensis c\n(K'cphala): 

(b) Fastcm wood rat (Neotoma tloridana 
haemitora and Nf. madslerl: 

(c) Keen s bat ( NhcUis keenii septentnonalis): 



tli 
(£1 



1 ong-tailed shrew (Sorex dispar blitchi): 
I'n gm\ shrew (Sorex ho\i winnemana): 

Ralinesque's big-eared bat ( I'lccotus r 
rahnesquii and I'.r. macrotis): 
Rock vole ( \hcrotus chrotonhinus caro- 
linensis): 



(h) SmalI-f(Hitcd bat (.Mvotis 1. licbi): 



(i) Southeastern bat ( M\ otis austronpanus): 
(i) Star-nosed mole (Cond\lura cnstata 
jwv; 



(k) Water shrew (Sorex palustris punctulatus). 
(>] Mollusks: 



None I isted At This Time 
(6) Reptiles: 

(a) Carolina pigm\ rattlesnake ( Sistrurus m. 
milianus): 

(b) C'arolina salt marsh snake ( Nerodia sipe- 
<Aon williamengelsi): 



H-6 



i\ORTH CAROLINA REGLSTER 



PROPOSED RULES 



(c) Diamondback terrapin (Malaclemys terra- 
i2in], 

(d) l.astem smooth green snake (Ophcodns 
v^ \'emalis); 

(e) Hastem spiny softshell (Apalone s^ spinif- 
era); 

(f) Mimic dass lizard (Ophisaurus mimicus): 
(,g) Northern pine snake (I'ituophis m. mela- 

noleucus): 

(h) Outer banks kingsnake (I.ampropeltis ge- 
tulus sticticeps): 

(i) Stripcncck musk turtle (Stemotherus mi- 
nor peltifer). 

Statutorv Authontv G.S. 113-134: 113-291.2: 
113-292: 113-333. ' 



ly otice is hereby given in accordance with G.S. 
150B-I2 that the Sorth Carolina Wildlife Re- 
sources Commission intends to amend nde(s} 
cited as ISA NCAC IOC .0305. 

1 he proposed effective date of this action is .-Ipril 
I, 1990. 

1 he public hearing will be conducted at 7:30 
p.m.: 

.lanuan- 22. 1990 

Charlotte Mecklenburg Governtnent Center 

Room IIS 

600 E. 4th Street 

Charlotte, .\orth Carolina 

.lanuan- 23. 1 990 

The New Agricultural Building 

Pinehurst .4 venue 

Carthage, Sorth Carolina 



SI BCHAPIKK IOC - INr AND FISHING 
KF.GLLAIIONS 



c 



omment Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written comments from 
January 5, 1990 to Febmary 7, 1990. Such writ- 
ten comments must be delivered or mailed to the 
N.C. Wildlife Commission, 512 .V. Salisbury St., 
Raleigh. NC 27611. 

CHAPTER 10 - \MI,ni II K KKSOl KCES AND 
\VA IKK SAI ETY 



SECTION .0300 - GAME FISH 



.0305 



OPEN SEASONS: CREEL AND SIZE 
LIMITS 

(b) Fxceptions 
(8) The maximum combined number of 
black bass of all species that may be re- 
tained is eight fish, no more than two of 
which may be smaller than the applicable 
minimum size limit. The minimum size 
limit for all species of black bass is 44 14 
inches, with no exception in I ake I ucas 
Marion in Mcx^rc C(^untN , in Rccdv 
Creek Park lakes in MccklcnburL! County, 
and in Currituck Sound and tnbutaries 
north of Wright Memorial Bridge; in 
North River and tnbutaries in Currituck 
and Camden Counties north of a Line be- 
tween Camden Point and the end of SR 
1124; and in and west of .Madison, Bun- 
combe, Henderson and Polk (bounties. 
In B. liverett Jordan Reservoir a daily 
creel limit of four fish and a minimum size 
limit of 16 inches, with no exception, ap- 
ply to largemouth bass. In Falls of Neuse 
Reser\OLr" east of SR 1004. Sutton lake 
and Tuckertown Lake the daily creel limit 
for black bass is four fish, no black bass 
between the lengths of 12 inches and 16 
inches may be retained, and the minimum 
size limit for black bass is 16 inches, ex- 
cept that the daily creel may contain two 
black bass of less than 12 inches in length. 
In .lohn II. Kerr Reser\OLr and I ake C}a- 
ston the daily creel of five fish shall apply 
to black bass, provided that this limit shall 
become etfecti\e only when and if the 
State of Virginia imposes a like creel limit 
for black bass taken from those im- 
poundments. 
(11) The minimum size limit for all black bass 
is 18 inches in the following trophy bass 
lakes: 

(A) Cane Creek I ake in Cnicm (bounty; 
and V i IilTi.' t4h* croi'l mciy include t-Vrt+ hh- 
d e rm tf ba;i ' j; 

(B) Lake Thom-,\-Iex in Da\idson 
County. >vhL ' ro t4h* cr ee l may hh-4- incliuk * 
ttftv undtTvii'L ' ba '.'. . 



Statutory .-iutlioritv 
113-304; 113-305. 



G.S. 113-134: 113-292: 



NORTH CAROLINA REGISTER 



877 



PROPOSED RULES 



TITLE 21 



OCCUPATIONAL LICENSING 
BOARD 



No 



' oticc is hereby given in accordance with G.S. 
J SOB- 12 that the North Carolina Board for Li- 
censing of Geologists intends to amend rules cited 
as 21 NCAC 21 .0/07, .0301. .0302. 



Th 



he proposed effective date of this action is April 
L 1990. 



Th 



he public hearing will be conducted at 1 1 :00 
a.m. on January 19, 1990 at First Floor Confer- 
ence Room, Caswell Building, 3700 National 
Drive. Raleigh. North Carolina 276/2. 



Co 



omment Procedures: /nterested persons may 
present their views either orally or in writing at the 
hearing. .Additionally, the record will be open for 
receipt of written comments until the hearing. 
Such written comments must be deli\'ered or 
mailed to Mr. Stephen G. Conrad, .\'.C. Board for 
Licensing of Geologists. P.O. Box 2''402. Raleigh. 
N.C. 276//. 

CIIAI'TFR 21 - BOARD OF GFOLOGISTS 

SFCTION .0100 - STATl TORY AND 
ADMINISTRATIVE I'ROMSIONS 

.0107 FFES 

(a) Completed application forms must be ac- 
companied by the prescribed fee. Application 
fees wiU not be refunded regardless of Board ap- 
proval or disapproval of the application. Pre- 
scribed fees shall be: 

( 1 ) application forms for licensing as a geolo- 
gist, including a copy of the Geologists 
Licensing Act and Rules: - $ 5.00 

(2) application for license: - $50.00 

(3) examination: - ^25.00 S50.00 

(4) application for license by comity: - $50.00 

(5) biennial renewal of license: - $70.00 

(6) biennial renewal of license of N. C. resi- 
dent geologists practicing 

less than 15 days per year: - $30.00 

(7) replacement of license: - $10.00 

(8) application for reinstatement of license: - 
$50.00 

(9) licensed seoloast stamp and seal: cost plus 
-$5.00" 

(b) All licenses will e.xpire biennially on July 
1. Biennial renewal fees received after July 1 and 
before September 1 o{ the year due shall be sub- 
ject to the assessment of a late pavment penalty 
often doUars ($10.00). 



(c) Licenses that have not been renewed by 
September 1st may only be renewed by filing a 
reinstatement application and submitting a rein- 
statement fee. 

(d) Licenses that have been suspended under 
G.S. 89B-21 may be reinstated by filing a rein- 
statement application and paying the rein- 
statement fee. 

Statutory Authority G.S. 89E-5; 89E-8; 89E-/0; 
89E-/2: S9E-13: S9E-21. 

SFCTION .0300 - LICENSING OF GEOLOGISTS 

.0301 RFQLIREMFNTS FOR LICENSING 

fa) r^ducation. In determining whether an ap- 
plicant meets the minimum education require- 
ments of the Geologists Licensing Act, the Board 
is authorized to determine which colleges and 
universities are properly accredited, and which 
geologic science courses qualify for meeting the 
minimum requirements. 

(b) References. '44tfe# Live letters of reference 
submitted to the Board which shall satisfy the 
Board as to the character, reputation, responsi- 
bility, integrity and competence of the applicant. 
These letters of reference must be submitted by 
licensed or qualified geologists or professional 
engineers. >h» mombt ' r t4' A<* Board f i hall aet- a* 
a roforcncQ fof aftv applicant fe+ liconr . ing. At 
least two of the fi\e letters of reference must be 
submitted bv licensed or qualified geologists who 
are familiar with the applicant s work in the field 
of geologv. 

(c) Wntten Examination. A written examina- 
tion approved by the Board shall be required of 
all applicants. The passing grade on any wntten 
examination for Hcensing shall be established by 
the Board in ad\ance of the examination. The 
applicant shall be notified, not less than 30 days 
before the examination, as to the time and place 
of the examination. A person who has failed an 
examination is allowed to take the examination 
again at the ne.xt regularh scheduled examination 
period. A person ha\ing a record of three failures 
wiU not be allowed to take that examination 
again until a written appeal is made to the Board 
and qualifications for examination are reviewed 
and reaJTirmed by the Board. The applicant 
must demonstrate to the Board that actions ha%e 
been taken to improve the applicant's possibility 
of passing the exam. 

(d) Lxpericncc. In determining whether an 
applicant meets the minimum expenence re- 
quirements of tin? (jcok^gists I iccnsing .Act, the 
Board will consider the total work expenence re- 
cord of the applicant. I he Board will look tor 
the applicant s ability to conduct geological work 



S78 



NORTH CAROLIN.A REGISTER 



PROPOSED RULES 



in a satisfactory^ manner uith little or no super- 
vision. The Board is authorized to determine 
which colleges and uni\ersities are properly ac- 
credited and which gcolotdcal science courses 
qualify for expenence in the field of geology. 
f4) (e} ("ertiiicate by commity: 

(1) The Board, within its discretion, may 
grant a license, by comity, to a person 
holding a license or certificate in good 
standing of registration in geology from 
any legally constituted Board of examiners 
in another state whose licensing, registra- 
tion and requirements are deemed to be 
equal or equivalent to those of this state. 

(2) To assure that the requirements of the 
other state are at least equivalent to those 
of this state, the applicant shall be re- 
quired to show evidence of education and 
experience equal to those required of 
geologists licensed in this state who ob- 
tained a license by examination as set out 
in this Rule and Rule .0302 of this Sec- 
tion. 

Statutory Authorilv G.S. S9E-7; S9E-8; 89E-9; 
S9E-1I. 

.0.^02 AIMM ICATION PROCF.Dl RE 

(a) All applicants for licensing, except those 
applying under comity, are required to furnish 
with their applications the following: 

(1) A legible official copy of their coUege 
transcript(s), and verification of gradu- 
ation sent directly from the institution to 
the Board; 

(2) A record of experience in the practice of 
geology, including any of the applicant's 
written reports, maps, published articles 
or cMher materials the Board determines 
are appropriate to document the appli- 
cant's experience as a geologist; 

(3) "Ihrt ' o five references as detmed in Rule 

.0301 («i (b) of this Section; 

(4) A notarized copy of a completed applica- 
tion form as prescribed by the Board; and 

(5) The application fee as prescribed in Rule 
.0107 of this Chapter. 

(b) Applicants for licensing under comity shaU 
submit an application form as prescribed by the 
Board along with the fee as pro\ided in Rule 
.0107 of this Chapter. The Board may require 
the submittal of additional information. 

(c) Applicants for reinstatement of an expired 
license shall submit a reinstatement application 
and the prescribed fee in Rule .0107 of this 
Chapter. 

(d) Applicants for reinstatement of a revoked 
or suspended license shall submit such informa- 



tion as is required by the Board, on a case-by- 
case basis, to determine their eligibility for 
reinstatement, and shall submit the fee as pro- 
vided by Rule .0107 of this Chapter. 

(e) Applicants for renewal of license who 
practice geolog)' less than 15 days per year must 
submit a notarized affidavit that they have prac- 
ticed geology in North Carolina less than 1 5 days 
during the past year and that they wUl practice 
less than 15 days in each of the coming two years. 
If a licensed geologist in fact practices 1 5 or more 
days in either year in North Carolina, he shall 
submit to the Board the balance of the fee pre- 
scribed for regular license renewal in Rule .0107 
of this Chapter. 

Statutory Authority G.S. S9E-8; 89E-9; 89E-II. 



in LE 26 



OFFICE OF ADMIMSTRATIV E 
HEARINGS 



No 



otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the Office of .Administrative Hear- 
ings intends to amend rule(s) cited as 26 NCAC 
I .0001; 26 NCAC 2B .01 03-. 01 04; 26 NCAC 3 
.0008, .00/9. .0022. .0026. and .0030. 

1 he proposed effective date of this action is April 
J, 1990. 

1 he public hearing will be conducted at 10:00 
a.m. on January 16, 1990 at Hearing Room 3, Lee 
House, 422 North Blount Street, Raleigh, NC. 



Cc 



omment Procedures: Comments may be .sub- 
mitted in person or in writing at the public hearing 
or in writing prior to January 16. 1990 to Elaine 
R. Steinbeck, Agency Paralegal, P. O. Drawer 
11666, Raleigh, NC. 



ClIAPIER I -GENERAL 



.0001 COST FOR COPIES 

(a) Copies in looseleaf form of any public do- 
cuments filed in the Office of Administrative 
Hearings are available at a cost of two dollars and 
fifty cents ($2.50) for up to ten pages and fifteen 
cents ($0.15) per page for each page in excess of 
ten. 

(b) Certified copies of any public document 
filed in the Oftlce of Administrative Hearings are 
available at a cost of one dollar ($1.00) per cer- 
tification in addition to the copying cost set out 
in Paragraph (a) of this Rule. 



NORTH CAROLINA REGISTER 



879 



PROPOSED RULES 



(c) 'I'ranscnpts or tapes are available of con- 
tested case hearings. Reference should be made 
to Rule 26 NCAC 3 .0022 for procedures for re- 
questing and costs of transcripts or tapes. 



Statutory Authority 
l50B-63(f). 



G.S. l50B-62(b); 



CHAPTER 2 - Rl LES DIVISION 

SUBCHAPTER 2B - NORTH CAROLINA 
REGISTER 

SECTION .0100 - PLBLIC.VriON 

.0103 SUBMISSION AND PUBLICATION 
S( IIKDLLE 

(a) In order to be acceptable for publication, 
submissions for proposed administrative rules 
and executive orders shall be submitted to the 
Office of Administrative Hearings by the closing 
date for the issue as determined under Paragraph 
(b) of this Rule. 

(b) The North Carolina Register will be pub- 
lished on the first i*«4 filtuonth of each month if 
the first m- filU'L-nth of the month is not a Satur- 
day, Sunday or State holiday for employees 
mandated by the State Personnel Commission. 
If the first Bf fiftL ' L ' iith of any month is a Satur- 
day, Sunday or a holiday for State employees, the 
North Carolina Register issue for that day wiU 
be published on the day of that month closest to 
(either before or after) the first &f fiftL ' enth re- 
specti\'ely that is not a Saturday, Sunday or hol- 
iday for State employees. The last day for filing 
for any issue of the North Carolina Register is 
15 days before the issue date excluding Saturdays, 
Sundays and hoUdays for State employees, except 
that the last date for electronic filing is ten days 
before the issue date excluding Saturdays, Sun- 
days and holidays for State employees. In com- 
puting the time prescribed or allowed by this 
Rule, the day of publication of the North Caro- 
lina Register is not to be included. The last day 
of the period so computed is to be included, un- 
less it is a Saturday, Sunday or State holiday, in 
which event the period runs until the preceding 
day which is not a Saturday, Sunday or State 
hohday. A half hohday shall be considered as 
other days and not as a hohday. A table of pu- 
blication deadlines and schedules to include the 
issue date, last day for filing, last day for elec- 
tronic tiling, earliest date for pubhc hearing, ear- 
liest date for adoption by the agency, and earUest 
effective date for at least the next 12 issues will 
be published in each issue of the North Carolina 
Register. 

Statuton Authoritv G.S. I50B-60: I50B-63. 



.0104 AVAILABILITY OF THE NORTH 
CAROLINA REGISTER 

The North Carolina Register is published twioo 
monthly by the Office of Administrative Hear- 
ings and is available at a cost of one hundred and 
five dollars ($105.00) per year subscription. Re- 
quests for subscriptions should be directed to the 
Office of Administrative Hearings, P.O. Drawer 
11666, Raleigh, N. C. 27604, (919) 733-2678. 

Statutory Authority G.S. I50B-63. 

CHAPTER 3 - HEARINGS DIVISION 

.0008 PREHEARING CONFERENCE: NOTICE 

(a) The purpose of the prehearing conference 
is to simplify the issues to be determined, to ob- 
tain stipulations in regard to foundations for tes- 
timony or exhibits, to obtain stipulations of 
agreement on nondisputed facts or the applica- 
tion of particular laws, to consider the proposed 
witnesses for each party, to identify and exchange 
documentary evidence intended to be introduced 
at the hearing, to determine deadlines for the 
completion of any discovery, to estabhsh hearing 
dates and locations if not previously set, to con- 
sider such other matters that may be necessary 
or advisable and, if possible, to reach a settlement 
without the necessity for further hearing. /Vny 
final settlement shall be set forth in a settlement 
agreement or consent order and made a part of 
the record. 

(b) L'pon the request of any part\' or upon the 
administrative law judge's own motion, the ad- 
ministrative law judge may hold a prehearing 
conference prior to a contested case hearing. The 
administrative law judge may require the parties 
to file prehearing statements in accordance with 
Rule .0004 of this Chapter. A prehearing con- 
ference shall be an informal proceeding con- 
ducted expeditiously by the administrative law 
judge. Agreements on the simplification of is- 
sues, amendments, stipulations, or other matters 
may be entered on the record or may be made 
the subject of an order by the administrative law 
judge. '44*e udmini^trati' i L ' ktw judg e i . huU give 

I m? I 'Uf rrt?^ rTTTT" W?^^ 1 1 1 LI 1 1 T L* Ch.1 T y rrTTTTt^? t*T?TTTTT? tTTT? 

■. chc'duk ' d 4*te ef a prehearing conferenoo. 
Venue for purposes of a prehearing conference 
shall be detcnnincd in accordance with G.S. 
150B-24. 

Statutory Authority G.S. l50B-33(b)(4), (5). 

.0019 RIGHTS AND RESPONSIBILITIES OF 
PARTIES 

(a) .All parties shall have the right to present 
e\idencc, rebuttal testimonv, and ariaiment with 



iSSO 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



respect to the issues of law and policy, and to 
cross-examine witnesses, including the author of 
a document prepared by, on behalf of, or for use 
of the agency and offered in evidence. 

(b) A party shall have all evidence to be pre- 
sented, both oral and written, available on the 
date for hearing. Requests for subpoenas, depo- 
sitions, or continuances shall be made within a 
reasonable time after their need becomes evident 
to the requesting party. In cases when the hear- 
ing time is expected to exceed one day, the parties 
shall be prepared to present their evidence at the 
date and time ordered by the administrative law 
judge or agreed upon at a prehearing conference. 

(c) The administrative law judge shall send co- 
pics of all orders or decisions to all parties si- 
multaneously. Any party sending a letter, 
exhibit, brief, memorandum, or other document 
7 o.\copt a roquetit fof » subpo e na, to the admin- 
istrative law judge shaU simultaneously send a 
copy to all other parties. 

(d) A party need not be represented by an at- 
torney. If a party has notified other parties of 
that party's representation by an attorney, all 
communications shall be directed to that attor- 
ney. 

(e) With the approval of the administrative law 
judge, any person may offer testimony or other 
evidence relevant to the case. /\ny nonparty of- 
fering testimony or other e\ idence may be ques- 
tioned by parties to the case and by the 
administrative law judge. 

Statutory Authority G.S. l50B-25(c), (d). 

.0022 OIFICI.AL RKCORD 

The official record of a contested case is avail- 
able for public inspection upon reasonable re- 
quest. /'Vn administrative law judge may, upon 
good cause shown and consistent with law, order 
part or aU of an official record sealed. 

(1) The official record shall be prepared in ac- 
cordance with G.S. 150n-37(a). 

(2) Contested case hearings are recorded either 
by a four-track recording system or a pro- 
fessional court reporter using stenomask or 
stenotype. Aii oootn incurred wh e n using a 
profussional court roportor shall bt* divided 
pro rata among Ae party(ies) rcquL ' sting a- 
tran ' icript. 

(a) transcript costs incurred shall be divided 
equally among the partv(ies) requesting a 
transcript; 

(b) Any other costs incurred when using a 
professional court reporter shall be di- 
vided equally among the requesting 
party(ics); 



(c) A 24 hour cancellation notice is required in 
all cases. The party(ies) responsible for 
the cancellation shall be liable for any 
cancellation fees. 

(3) Transcripts of proceedings during which 
oral evidence is presented will be made only 
upon request of a party. The requesting 
party shall pay the cost of such transcript 
or copy thereof that the party orders and this 
cost shall include the cost of an original for 
the Office of Administrative Hearings. An 
attorney requesting a transcript on behalf of 
a party is a guarantor of payment of the cost. 
Cost shall be determined under supervision 
of the Chief Administrative Law Judge who, 
in cases deemed appropriate by him, may 
require an advance security deposit to cover 
the prospective cost. The security deposit 
shall be apphed to the actual cost and any 
excess shall be returned to the party which 
submitted it. 

(4) Copies of tapes are available upon written 
request at a cost of three dollars ($3.0U) per 
tape. 

(5) Copies of OAH I learings tapes or Non- 
OAII Certified transcripts therefrom are not 
part of the ofhcial record. 

Note: Rule 5.3(B) of the Rules of Professional 
Conduct permit an attorney to advance or guar- 
antee expenses of litigation provided the client 
remains ultimately liable for such expenses. 

Statutory Authority G.S. 150B-37; l50B-63(f). 

.0026 .\D\nMSTK.\TIVE LAW JUDGE'S 
RECOMMENDED DECISION 

(a) Except as provided in 26 NCAC 3 .0030, 
an administrative law judge shall issue a recom- 
mended decision or order in a contested case 
within 45 days after the later of the date the ad- 
ministrative law judge receives all proposed find- 
ings of fact and written arguments submitted by 
the parties and the date the contested case hear- 
ing ends. The administrative law judge shall 
serve a copy of the decision on each party. S«[^ 
vi«* shall be ift Ae manner specitied m ik> NCAC 
i .Q009(b). When an administrative law judge 
issues a recommended decision, the Office of 
Administrative Hearings shall promptly forward 
the ofticial record in the case to the agency mak- 
ing the final decision. 

(b) A recommended decision shall be based 
exclusively on: 

(1) competent evidence and arguments pre- 
sented during the hearing and made a part 
of the olTicial record; 

(2) stipulations of fact: 

(3) matters officiaUy noticed; 



NOR TH CA R OLINA R EC, IS TER 



S8l 



PROPOSED RULES 



(4) proposed findings of fact and written ar- 
guments submitted hv the parties under 
G.S. 150B-34(b): and' 

(5) other items in the official record that are 
not excluded by G.S. 150B-29(b). 

(c) A recommended decision shall fully dispose 
of all issues required to resolve the case and shall 
contain: 

an appropriate caption; 
the appearances of the parties; 
a statement of the issues; 
references to specific statutes or rules at 



(1) 
(2) 

(3) 
(4) 

issue; 

(5) findings of fact; 

(6) conclusions of law based on the fmdings 
of fact and applicable constitutional prin- 
ciples, statutes, rules, or federal regu- 
lations; 

(7) in the discretion of the administrati\e law 
judge, a memorandum giving reasons for 
his findings of fact and conclusions of law; 

(8) a statement identifying the agency that will 
make the final decision; and 

(9) a statement that each party has the right 
to file exceptions to the recommended 
decision with the agency making the fmal 
decision and has the right to present writ- 
ten arguments on the decision to the 
agency makmg the fmal decision. 



(d) Tor good cause shown, the chief adminis- 
trative law judge may extend the 45-day time 
limit for issuing a recommended decision. An 
administrative law judge who needs an extension 
must submit a request for extension to the chief 
administrative law judge before the 45-day period 
has expired. 

Statutory: Authority G. S. I50B-34. 

.0030 FINAL DECISIONS IN CONTESTED 
C.VSES 

Aft adminiotrati' . Q few judge ohall ontor a fiftai 
dc'cioion ift a contooted ca; .*^ : 
(4| \\1ii>n h^ dL'tonniiiL'r . Aat- A* Officu »f .A^ 

minir . trati' i o I loaringo lack; , jurir . diction; 
f3^ WTiL'u b^ dir . misr . os a Ga^* bar . od ««■ the a«- 

thority Ht G.S. \\ 1 »* m tte* Chapter; 
f4) \Mien he determinof ' Aat- a Hife i* i i oid as 
applied a«4 there aw se- isc i uoo ©f feet- te be 
detenninod: ©f 
(4-> -Jft d e terr e d cas e s a* provided ift G.S. ^?A- 

540. 
A copy of a final decision issued bv an admin- 
istrati\e law judge shall be 5en,'ed on each party. 
Ser\"ice shall be in the manner specilicd in 26 
NCAC 3 .0Q09(b). 

Statutory Authority G.S. 150B-36. 



8S2 



NORTH CAROLINA REGISTER 



FINAL RULES 



1 he List of Rules Codified is a listing of 
rules that were filed to be effective in the 
month indicated. 

Jxules filed for publication in the NCAC 
may not be identical to the proposed text 
published previously in the Register. Please 
contact this office if you have any questions. 

/x dopted rules filed by the Departments of 
Correction, Revenue and Transportation are 
published in this section. These departments 
are not subject to the provisions ofG.S. I SOB. 
Article 2 requiring publication in the A'.C. 
Register of proposed rules. 

LJ pon request from the adopting agency, the 
text of rules will be published in this section. 

lunctuation, typographical and technical 
changes to rules are incorporated into the 
List of Rules Codified and are noted as * 
Correction. These changes do not change the 
effective date of the rule. 



TITLE 5 - DEPARTMENT OF 
CORRECTION 

CHAPTER 2 - DIVISION OF PRISONS 

SUBCHAPTER 2F - CUSTODY AND SECURITY 

SECTION .2400 - KEY CONTROL 

.2401 PURPOSE 

The puqjose of this policy is to promote public 
safety through the safe and secure operation of 
facilities in the Division of Prisons by ensuring 
that all facilities adopt regulations for the control 
of keys and locks. These regulations will enable 
correctional staff to maintain effective security 
through control of all doors, gates, grills and 
other locking devices that comprise physical 
plant security both inside and outside of the per- 
imeter. This policy will ensure that correctional 
staff will have total command of all keys and 
locking devices supplies, equipment and storage 
areas that support the key control program. In 
addition, this policy will promote safety by en- 
suring that in case of fire or other emergency, e,\it 
keys will be readily accessible to designated cor- 
rectional staff. 



History Note: Statutory Authority G.S. 148-1 1; 
Eff January I, 1990. 

.2402 RESPONSIBILITY 

(a) The Superintendent/ Institution Head is re- 
sponsible for developing key and lock control 
procedures for the correctional facility. Institu- 
tional procedures regarding key control must be 
clearly written and available for staff to reference 
but inmates must not have access to these pro- 
cedures or to record keeping systems that support 
them. 

(b) The Assistant Superintendent is responsible 
for ensuring that key control procedures are 
consistently enforced and audited to assure safe 
operation of the correctional facility. 

(c) The Superintendent shall designate a key 
and lock control officer who is responsible for the 
coordination of Locksmiths, inventory, record 
keeping, making of keys, ordering of keys, issu- 
ance of keys, storage of keys, numbering of keys, 
and any other tasks that are related to key and 
lock control. 

(d) All correctional employees are responsible 
for safe, secure, and effective key and lock control 
management practices. Good key control is a 
system that every staff member must learn and 
practice. Its fundamentals must be incorporated 
into every facility's operations and every staff 
member's work habits. 

Historv Note: Statutory Authority G.S. 148-1 1; 
Eff 'January I, 1990. 

.240.^ PROCEDURES 

Facility key control procedures is a confidential 
document and is subject to an annual review to 
ensure that procedures remain consistent with 
day to day operation requirements. Inmates 
should not be permitted to establish any base of 
information about the facility's key control sys- 
tem or locking devices. Facility key control 
procedures must contain the following elements: 
( 1) Descriptions and Categories of Keys - Pro- 
cedures must clearly define various catego- 
ries of keys used in the facility .so that .staff 
are aware of different accountability re- 
quirements for each category. Key catego- 
ries generally include the following: 

(a) Master Keys: Cut so that one key may 
actuate more than one locking device in a 
scries of locks from a single manufacturer. 

(b) Security Keys: In the possession of un- 
authorized persons, these could facilitate 
an escape or jeopardize the security of the 
institution, or the safety of employees, vi- 
sitors, or inmates. Immediate remedial 
action is necessary if a security key is lost, 
compromised, or missing. 



NORTH CAROLINA REGISTER 



,V<V.? 



FINAL RULES 



(i) I-mergency Keys: Keys maintained on 
key rings and kept separate from all regu- 
lar-issue keys. They provide prompt ac- 
cess to all parts of the institution during 
fires, disturbances, c\'acuation, or other 
urgent situations, 
(ii) Restricted Keys: Allow access to sen- 
sitive areas of the institution. Special au- 
thorization must be obtained before they 
are issued to anyone other than the em- 
ployee designated to draw them on a reg- 
ular basis. 

(c) Non-security Keys: Do not require im- 
mediate security response if lost or stolen. 

(dj \'ehicle Keys: Typically operates state 
owned vehicles including tractors and 
other specialized machines located inside 
or outside the perimeter of the facility. 

(e) Inactive Keys: Keys no longer used hut 
which are retained as spares and backups 
for active locks or spare locks. These are 
also keys maintained separately for other 
purposes, including storage for other in- 
stitutions within the system. 

(f) Pattern Keys: Ke\s from which all other 
keys for a particular lock or series of locks 
are cut. The are maintained separately 
from all other spare or blank keys. 

(2j Key Issue System - Facility key control 
procedures must include a description of the 
key issue system. The key issue system 
should describe centralized points from 
which keys are issued with the centralized 
location being secure and not accessible to 
inmates. The system must require employee 
accountability as keys are issued from a 
central location or exchanged between em- 
ployees as post assignments are changed. 
The key issue system should accommodate 
at least the following: 

(a) Key Boards as required: 

(b) Separate handling of state \ehicle keys; 

(c) Provisions for the permanent issue to an 
individual or to a post of selected keys: 

(d) .Actions required by employees who lose 
or break keys: 

(e) Compatibility of key issue procedures with 
respectis'c post orders: and 

(t~) A Key Issue Log. 
(3) Key Handling - Procedures should specify 
appropriate methods of the handhng of keys 
by coiTcctional staff. Key handhng proce- 
dures should include at least the following: 

(a) Keys should be carried and used as in- 
conspicuously as possible: 

(b) Keys should be securely earned: 

(c) .Accountability of keys should be checked 
and logged when keys are drawn or passed 
from one employee to another: 



(d) Correctional staff should avoid reference 
to key numbers and other identifying in- 
formation in the presence of inmates; 

(e) Keys should never be thrown from one 
staff member to another or slid from one 
point to another across a desk or floor: 

(f) Keys should never be left in locks or used 
to lift or pull open a lockable door: 

(g) Force should not be used to operate locks. 
If the lock does not function easily, it 
should be reported and repaired; and 

(h) Inmates should never be allowed to handle 
security keys. Inmate management of any 
other keys should be minimized to the 
greatest extent possible. 

(4) Restricted Key Use - Restricted key use 
procedures shall be established. Restricted 
keys should be issued as needed only rather 
than on a permanent basis. Restricted key 
use procedures should apply to the following 
sections of the facility: 

(a) Armon.' and or gun locker; 

(b) Inmate Records Office; 

(c) Property storage rooms; 

(d) Personnel records storage areas; 

(e) Lock shop or other key or lock storage 
areas; 

(f) Other areas designated by the faciUty su- 
penntendent as having special- security re- 
quirements; 

(g) Drug Storage: 

^(i) Licensed >harmacv - G.S. 9-85.6 (AC- 
CESS TO DRUG'iNVLNTORY) re- 
quires that a Ucensed pharmacy manager 
shall have complete authority and control 
of all keys to locked drug cabinets in the 
pharmacy. The pharmacy manager is ac- 
countable to pro\ide sccunty and placing 
reasonable restrictions on access to the 
pharmacy area, 
(ii) Drug Cabinets - Correctional health 
care professionals are authorized for the 
permanent issue of keys to locked drug 
cabinets and locked drug storage boxes. 
Keys to the areas in Subparagraphs (4)(a) 
through (4)(g|(ii) should be issued only to 
authorized staff and only after supervisory 
approval. A specific record shall be re- 
quired to document the issue of restricted 
keys. 

(5) l:mergenc_\ Key S_\stem - Ke\ control pro- 
cedures shall provide for clear instructions 
pertaining to the handling of emergency 
keys. Emergency key procedures should in- 
clude at least the following: 

(a) Maintenance of emergency ke\s in a sep- 
arate section or separate ke\- board than 
other kevs; 



8S4 



NORTH CAROLINA REGISTER 



FINAL RULES 



(b) A duplicate set of emergency keys to be 
kept in an outside armory or tower; 

(c) The rotation of emergency keys to ensure 
that they are serviceable at all times; 

(d) Regular use of emergency keys in emer- 
gency locking devices to ensure servicea- 
bility of locking devices at all times; 

(e) Assignment of emergency keys to staff 
necessary to affect timely evacuation of 
dormitor)' housing areas; and 

(0 A method of coding or identifying emer- 
gency keys for quick identification by 
siglit and touch during emergency situ- 
ations. 

(6) Key Inventory - Key control procedures 
must provide for a current inventory of all 
keys and key blanks. The maintenance of 
this invcntorv' will be the responsibility of 
the key and lock control officer. The key 
and lock control officer will document the 
inventory on a monthly basis. /\ny and all 
changes effecting the inventoiy in any man- 
ner must be authorized by the Superinten- 
dent. Keys, key blanks, and locks will be 
inventoried as to number, date issued out, 
ring location, etc. Keys or locks lost or de- 
stroyed will be logged in a similar manner. 

(7) Record Keeping - Key control procedures 
require accurate records of key and locking 
devices. A key control record system should 
include at least the following: 

(a) Inventory of all keys and key blanks; 

(b) Appropriate key issuance logs; 

(c) Records of lost, damaged or replaced locks 
and keys; 

(d) Continuous records of facility keying sys- 
tems so that rationale for keying schemes 
and modification to keying schemes is 
available for review. 

(8) Auditing - Facility key control procedures 
must require that a yearly audit be per- 
formed by the Superintendent. Annual au- 
dits must be reviewed and approved by areas 
administrators for field commands and by 
command managers for specialized com- 
mands. 

(9) Training - Key control procedures should 
require thorough staff training. The Assist- 
ant Superintendent should ensure that cor- 
rectional staff receive the required initial 
training and regular refresher training. 
Training priorities should be pro\ided to 
supervisory personnel and control center of- 
ficers and other staff who are regularly in- 
volved in the issuance and management of 
keys. 



.2404 OTIIKR KKQIJIREMKN TS 

(a) r.ach facility's key control procedures must 
include operational procedures to be followed in 
the event of a: 

(1) Lost key ring; 

(2) Lost individual key; 

(3) Broken key; 

(4) Broken lock. 

(b) All facilities will establish procedures that 
require employee responsibility and accountabil- 
ity for the management and control of their per- 
sonal keys. 

(c) Any employee taking a key away from the 
facility inadvertently shall be contacted and re- 
quired to return the key to the institution 
promptly. Any employee who discovers that he 
or she has taken a key from the facility shall im- 
mediately notify the facihty and return the key. 

(d) Security locks and doors when not in use 
will be locked at all times. No security padlock 
should ever be left hanging without being locked 
closed in a manner that it cannot be removed. 

(e) Any lock shops that are developed as a re- 
sult of key control procedures should be located 
outside the secure perimeter so that inmates have 
no access to them. 

(f) When security keys are lost or misplaced, 
proper security precautions must be taken to 
preclude use of the keys for unauthorized access 
or escape from the facility by inmates. 

(g) The Superintendent is responsible for the 
security of the facihty's safe combination. 

(h) Key Control Procedures must be compat- 
ible with facility emergency plans in order to ex- 
pedite staff response to emergency circumstances. 

(i) Inmates' visitors should be discouraged from 
bringing personal keys into the correctional fa- 
cility. 

Uistoty Note: Statutory Authority G.S. I4S-I I ; 
Eff. 'January I, 1990. 

11 ILK 17 - DKPARIMEM OF Ri:\ ENLE 



CHAPIFK 



DF.PARTMKM Al. KLLtS 



/flstorv Xotr: Statuloiy 
Eff. 'January! I, 1990. 



iuthoritv G.S. I4S-II; 



SLBCIIAPTEK IC - (iKNERAL 
ADMINISTRATION 

SECTION .0400 - INTERESI REQl IREMENTS 

.0402 ESTABLISHED INTEREST RATES 

(a) For the calendar years 1978 and 1979, the 
Secretary of Revenue under authority of Sub- 
section (i) of G.S. 105-241.1 has established an 
interest rate of six percent per annum in con- 
fomiance with the adjusted rate established under 
Section 6621 of the I'nitcd States Internal Re- 



NORTH CAROLINA REGISTER 



SS> 



FINAL RULES 



\'cnuc Code. I he computation shall he at the 
rate of one-half percent per month or fraction 
thereof. 

(b) For the calendar years 1980 and 1981, the 
Sccretar)' of Rc\'enuc under authority of Sub- 
section (i) of G.S. 105-241.1 has established an 
interest rate of twelve percent per annum in 
conformance with the adjusted rate established 
under Section 6621 of the Inited States Internal 
Revenue Code. The computation shall be at the 
rate of one percent per month or fraction thereof. 

(c) i'or the calendar \ear 19S3, the Secretar\- 
of Re\cnue under the authority of Subsection (i) 
of G.S. 105-241.1 has established on No\ember 
29, 1982 an interest rate of nine percent per an- 
num. The computation shall be at the rate of 
three-fourths percent per month or fraction ther- 
eof. 

(d) For the calendar \"ear 1984, the Secretarv' 
of Revenue under the authority of Subsection (i) 
of G.S. 105-241.1 has established on November 
29. 1983 and interest rate of nine percent per an- 
num. The computation shall be at the rate of 
tlirce-fourths percent per month or fraction ther- 
eof. 

(e) For the calendar >ear 1985. the Secretan,- 
of Revenue under the authority of Subsection (i) 
of G.S. 105-241.1 has established on November 
19, 1984 an interest rate of 9 percent per annum. 
The computation shall be at the rate of three- 
fourths percent per month or fraction thereof. 

(f) For the calendar >ear 1986, the Secretar>' 
of Revenue under the authoritv of Subsection (i) 
of G.S. 105-241.1 has established on October 25, 
1985 an interest rate of nme percent per annum. 
The computation shaU be at the rate of three- 
fourths percent per month or fraction thereof. 



(g) For the calendar year 1987, the Secretan,' 
of Revenue under the authority of Subsection (i) 
of G.S. 105-241.1 has established on November 
18, 1986 an interest rate of nine percent per an- 
num. The computation shall be at the rate of 
three-fourths percent per month or fraction ther- 
eof. 

(h) For the calendar year 1988, the Secretary 
of Revenue under the authority of subsection (i) 
of G.S. 105-241.1 has established on No\ember 
30, 1987 an interest rate of nine percent per an- 
num. The computation shall be at the rate of 
three-fourths percent per month or fraction ther- 
eof. 

(i) For the calendar year 1989, the Secretary of 
Revenue under the authontv of subsection (i) of 
G.S. 105-241.1 has established on November 18, 
1988, an interest rate of nine percent per annum. 
The computation shall be at the rate of three- 
fourths percent per month or fraction thereof. 

(j) For the period Januarv' 1, 1990 through 
June 30, 1990. the Secretars' of Revenue under 
the authority of subsection (i) of G.S. 105-241.1 
has established on No\'ember 20, 1989, an inter- 
est rate of nine percent per annum. The com- 
putation shall be at the rate of three-fourths 
percent per month or fraction thereof. This rate 
will remain in effect until a new rate is estab- 
lished. 

HislofT \ote: Slaliiton- Authoritv G.S. 105-241 .1; 
105-262: 

Eff- .Xovember 9, 1977; 

Amended Eff. January /. 1990; January I. I9S9; 
February- I. I9SS; January I, 1987. 



SS6 



NORTH CAROLINA REGISTER 



NORTH CAROLINA ADMINISTRA TIVE CODE CLASSIFICA TION SYSTEM 

TITLE/MAJOR DIVISIONS OF 1 HE NORTH CAROLINA AD.MINISIRA TIVE CODE 
TITLE DEPARTMENT 

1 Administration, Department of 

2 Agriculture, Department of 

3 Auditor, Department of State 

4 Economic and Community Development, Department of 

5 Correction, Department of 

6 Council of State 

7 Cultural Resources, Department of 

8 Elections, State Board of 

9 Governor, Office of the 

10 Human Resources, Department of 

11 Insurance, Department of 

12 Justice, Department of 

13 Labor, Department of 

14A Crime Control and Public Safety, Department of 

15 Environment, Health, and Natural Resources, Department of 

16 Public Education, Department of 

17 Revenue, Department of 

18 Secretary of State, Department of 
19A Transportation, Department of 
20 Treasurer, Department of State 

*21 Occupational Licensing Boards 

22 Administrative Procedures 

23 Community Colleges, Department of 

24 Independent Agencies 

25 State Personnel, Office of 

26 Administrative Hearings, Office of 

NOTE: Title 21 contains the chapters of the various occupational licensing boards. 
CHAPTER LICENSING BOARDS 

2 Architecture, Board of 

4 Auctioneers, Commission for 

6 Barber Examiners, Board of 

8 Certified Public Accountant Examiners, Board of 

10 Chiropractic Examiners, Board of 

12 General Contractors, Licensing Board for 

14 Cosmetic Art Examiners, Board of 

16 Dental Examiners, Board of 

18 Electrical Contractors, Board of Examiners of 

20 Eorcsters, Board of Registration for 

21 Geologists, Board of 

22 Hearing Aid Dealers and Litters Board 
26 Landscape Architects, Licensing Board of 

28 Landscape Contractors, Registration Board of 

31 Martial & Family Therapy Certification Board 

32 Medical Examiners, Board of 

33 Midwifen,- Joint Committee 

34 Mortuary Science, Board of 

36 Nursing, Board of 

37 Nursing Home Administrators, Board of 

38 Occupational Therapists, Board of 
40 Opticians, Board of 

42 Optometry, Board of Examiners in 



NOR TH CA ROLINA REGIS TER SS7 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



44 Osteopathic Examination and Registration, Board of 

46 Pharmacy, Board of 

48 Physical Therapy Examiners, Board of 

50 Plumbing and Heating Contractors, Board of 

52 Podiatry Examiners, Board of 

53 Practicing Counselors, Board of 

54 Practicing Psychologists, Board of 

56 Professional E^ngineers and Land Surveyors, Board of 

58 Real Estate Commission 

60 Refrigeration Examiners, Board of 

62 Sanitarian Examiners, Board of 

63 Social Work, Certification Board for 

64 Speech and Language Pathologists and 

Audiologists, Board of Examiners of 

66 Veterinary' Medical Board 



S8S NORTH CAROLINA REGISTER 



CUMULA TIVE INDEX 



CUMULA TIVE INDEX 

(April 1989 - March 1990) 



1989 - 1990 

Pages Issue 

1 - 151 1- Apnl 

152 - 192 2- April 

193 - 216 3- May 

217 - 289 4- May 

290 - 311 5- June 

312 - 364 6- June 

365 - 454 7- July 

455 - 477 8- July 

478 - 521 9- August 

522 - 584 10- August 

585 - 616 11- September 

617 - 658 12- September 

659 - 712 13- October 

713 - 765 14- October 

766- 801 15- November 

802 - 825 16- November 

826 - 856 17- December 

857- 891 18- December 



AO - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

FR - Fmal Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

M - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporary Rule 



ADMIMSIRAIION 

State Construction, 827 PR 

admimsiraiim: hearings 

General, 879 PR 
Ileannus Division, 880 PR 
Rules Division, 880 PR 

ADMINISTRAXn E ORDER 

Administrative Order, 4, 152, 802 

AGRICILHRE 

Cotton Warehouse, 220 PR 



NORTH CAROLINA REGISTER 



SS9 



CUMULA Til E INDEX 



Markets, 217 PR, 546 PR 
Pesticide Board, 292 PR 
Plant Conservation Board, 196 PR 
Plant Industry', 153 PR, 218 PR 
State Fair, 217 PR 

COMMIMTY COLLEGES 

Board of Community CoOcges, 352 PR 

CORRECnON 

Departmental Rules, ,8 1 5 FR 

Division of Prisons, 472 FR, 646 FR, 759 FR, 817 FR, 883 FR 

CRIME ( ONTROL AM) PI BLIC SAFETY 

Victim and Justice Services, 573 PR 

CULTURAL RESOURCES 

Archives and History-, 370 PR, 455 PR, 593 PR, 720 PR 

Arts Council, 371 PR 

U.S.S. North Carolina Battleship Commission, 548 PR ■ 

ECONOMIC AND COMMLN.ITV DE\ ELOPMENT 

CcmetePv Commission, 198 PR, 766 PR 

Community Assistance, 858 PR 

Finance Center, 368 PR 

FFizardous Waste Manauement Commission, 716 PR, 834 PR 

Milk Commission, 455 PR, 834 PR 

Seafood Industrial Park Authonty, 806 PR 

EDUCAIION 

Elementary and Secondary' Education, 253 PR, 295 PR, 511 PR, 739 PR, 843 PR 

ELE( riONS, SIA IE BOARD OF 

Departmental Rules, 661 PR 

ENA IRONMEN F, HEALTH, AND NA lURAL RESOURCES 

Coastal Management, 239 PR, 508 PR, 574 PR, 735 PR 

Community Assistance, 134 PR 

Departmental Rules, 601 PR 

Economic Opportunitv, 178 PR 

Environmental Management, 18 PR, 160 PR, 202 PR, 238 PR, 295 PR, 347 PR, 

431 PR, 456 PR, 700 PR, 730 PR, 866 PR 
Governor's Waste Management Board, 617 C 
Land Resources, 868 PR^ 
Marine I ishenes, 47 PR, 457 PR, 866 PR 
Wildlife Resources and Water Safetv, 134 PR, 178 PR, 207 PR, 252 PR, 574 PR, 

700 PR, 738 PR, 776 PR, 809 PR, 872 PR 

FINAL DECISION LEFIERS 

Voting Rights Act, 5, 193, 367, 523, 587, 618, 659, 714, 803, 857 

FINAL RULES 

List of Rules Codified, 183 FR, 274 FR, 303 FR. 445 FR, 515 FR, 609 FR, 704 1 R, 788 FR, 
847 FR 

(,()\ ERNOR/LT. CO\ ERNOR 

l-xecutive Orders, 1, 290, 312, 365, 478, 522, 585, 713, 826 

HUMAN RESOURCES 



S90 I\'OR TH CARD LEVA REGLS TER 



CUMULA TIVE INDEX 



Aging, Division of, 859 PR 

Departmental Rules, 372 PR 

Facility Services, 199 PR, 377 PR, 594 PR 

Governor's Waste Management Board, 552 PR 

Health Ser\'ices, 153 PR, 315 PR, 405 PR, 661 PR 

Medical Assistance, 158 PR, 294 PR, 455 PR, 549 PR, 601 PR, 620 PR, 722 PR, 808 PR 

Mental Health, Mental Retardation and Substance Abuse Services, 17 PR, 417 PR, 685 PR 

Social Services, 550 PR, 773 PR 

Vocational Rehabilitation Services, 7 PR, 766 PR 

Water Treatment Facility Operators Board of Certification, 549 PR 

rSDEFENDENT AGENCIES 

Housing Finance Agency, 459 PR 

FNSLRANCE 

Admission Requirements, 836 PR 

Agent Services Division, 561 PR 

Engineering and Building Codes, 775 PR 

Fire and Casualty Division, 202 PR, 479 PR, 689 PR 

Life, Accident and Health Division, 690 PR 

JUSTICE 

Criminal Justice Education and Training Standards Commission, 569 PR, 860 PR 

Private Protective Services Board, 621 PR 

SherifT's Education and Training Standards Division. 491 PR 

LICENSrSG BOARDS 

Architecture, 349 PR 

CPA Examiners, 458 PR, 810 PR 

Electrical Contractors, 741 PR 

General Contractors, 512 PR, 844 PR 

Geologists, Board for Licensing of, 878 PR 

Landscape Architects, 443 PR, 756 PR 

Medical Examiners, 604 PR, 701 PR 

North Carolina Certification Board for Social Work, 179 PR 

Nursing, Board of 296 PR, 778 PR 

Physical Therapy Examiners, 262 PR 

Plumbing and Heating Contractors, 757 PR 

Practicing Psychologists, 606 PR 

Sanitarian Examiners, Board of 785 PR 

REVENUE 

Departmental Rules, 885 ER 
Sales and Use Tax, 353 FR 

STATE PERSONAEE 

State Personnel Commission, 18! PR, 210 PR, 265 PR, 461 PR, 624 PR, 786 PR 

STATEMENTS OF ORGANIZATION 

Statements of Organization, 524 SO 

1 RANSPORTATION 

Division of Motor Vehicles, 140 FR, 607 FR, 648 FR 



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